Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1922-07-29
.NJUNCTIONSUIT
ACAINSTCOUNTY
BOARDHHEARD
rh.,oe. By Citizens That Money
Has Been Expended Illegally
Denied In Court

action by which 93UV wa "i'
nn' the county funds to the treasury
- tho Good Roads Association and
W 5an;ol Of the same by the defcndancS.
e.atnred n-e the hearing on the injunc-
t.on brought to prevent the coma'ls-
s;ners .;,r from paying any further sums
% +ba association, heard before judge
~ Tittleionn, in the Superior cours
- Sumter comfy this morn,ng. 1i-
lowing the hearing the 60 1;t took rne
matter under advisement.
The plaintiffs, c. |. Brady, ct al,
.nd tba defendants, the board Of
county commissioners and county
treasurer, the former represented oy
A++orneys Zack Childers and Dan
CbanpeIi and the latter by Attorney
w W DYKES, agreed on a set OF facts
IN +ba case and the matter actually
wont To the court on a question OF
law primarily to establish whether
or not the county commissioners had
a legal right to pay any money over
to the Good Roads association.
The agreed set of facts as present.
ed to the court included the follow
ing assertions:
Agreed Statement of Facts
During the last week of January,
1922, the exact date of which there
is no record, T. G. Farmer, Jr., man
aging director of the Georgia Good
Roads association, appeared before a
called meeting of THE Board of
Commissioners of Roads and Reven-
ues of Sumter County at their reg
liar place of meeting, for the purpose
of asking contributions to a fund
which the Georgia Good Roads As
ISOLATION was undertaking to raise for
the purpose of defraying the expenses
of campaign by the Georgia Good
Roads association to cause to be en-
acted a constitutional amendment TO
promote the sale of bonds, providing
for the issuing of 5,000,000.00
worth of bonds for the state of Geor-
gia, the proceeds of which bonds, if
issued, were to be used for paving
roads throughout the state of Geor-
gia, and which was to provide that IN
all counties in which the lines desig-
mated as the st"te highway roads had
been paved at the expense of such
counties, such expense should be re-
funded to such counties out of the
roceeds of the sale of such bonds.
"The County Commissioners at
this meeting verbally agreed to con-
tribute the sum of 100000 to be
divided up into insta!lnents OF
$4,000 each, which could be conven.
lently paid by the county. There
was no written contract or other
writing entered into and on the in
struction of the chairman of the
board, no minutes were made of this
meeting;
That following the date of this
meeting, to-wit: at the regular meet
ing day in February, 1922, which
was the 9Th, the board, in regular
session, appropriated to the Geor-
gia Good Roads association the sum
OF $4,000 as part payment of said
sum of 100000 agreed upon as
aforesaid, which was by proper vou-
L"er issued by the secretary of said
o!ara on February 7, 1922. paid co
'"e georgia Good Roads association.
ans, $500 Is Paid
o-oddh mat as shown by said bill this
9oOV p was paid to the Georgia Good
n~ moa4S "a association and was charged
." III Tne books to the paving fund.-
VIVA lnat on May 18th, 1922, H. D.
,oa;t:' mavsS' treasurer of Sumter county,
mo'illeo ns!le the Georgia Good Roads as.
9o Tovla'lon that he was unable to make
fp'HehC h. OF $500 installment claimed
'%T T association due at that time.
On. ,'es'urer Refuses 10 Paw.
Prior to the filing of tbo ohouo
tbo sus' H. D. Watts, as secretary of
w. ' Ooafd, and treasurer of the conn
Cb,I q, 9s'ea to Zach Childers and Dah
tbat tb'Pen' J attorneys for plaintiffs,
ing "S' as treasurer, was not So
tos+ ING 10 Fay ally more Of said fund /.
Al oya ''+o lfIor to the fling oe the
inc we e 81 't99 suit, j. L. Pools one Of
+, - .t ttomF''s.ioners Of Sumter col,n-
stt+rs 1'a.p To an Chap :, one Of the
},nsa,y }.tsnsyS 8, above stat al. that br
gsHr ssooa that they could not le-
than +L p"y any more of the 81. 900
"Tbat ,at 5000 already paid.
II mat y attached to the answer of
m,rEcs M b. Watts, y, as county c@gl treasurer, :,
coTsct aga Exhibit a." is a true and
by b'tEe' t5o copy of a resolution adontnd G ','
rem 'Ie board of commissioners at ito
~T6a, T',' meeting is on July 3, 1922;
mont 'al % II the constitutional amend
gia ieoiT "1T bending before the Geor-
bond' stature provides that if the
Of tbo o.e are issued and sold the use
inc,nJ n'g Proceeds of such bonds absu M
bsgo b,.ude reimbursing eounties t,u' Snsit shat
paved "errlotore o,,. built, improved or
ssta salg' any any portion q the systsa, se" " "
1,e r AID roads.ll wv sSs''" -
thei. as plaintiffs set m. ,bronah
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