The Dawson news. (Dawson, Ga.) 1889-current, 1925-04-14
NEITHER HOLDER NOR
FOES SEEM SATISFIED
BOTH SIDES TO ASK SUPREME
COURT DECISION ON JUDGE
Jones' RULING IN CASE.
PRESENT STATUS is In DOUBT
Is Claimed That Ousted Chairman Is
Still Member of Highway Commits
sion. Opponents Object to Ruling
Out of Auditors Report.

Out of Auditors Report.
ATLANTA, Ga.-Both sides in the
fight Of John n Holder to retain the
Craftsmanship OF the state highway
board have filed appeals to the SUI
preme court from a double-barreled
decision rendered by Judge Malcolm
B. Jones, at Macon, UNFOLDING conten-
tons OF the defendant and plaintiff.
The unusual situation in which both
sides appeal case resulted from the
action of Judge Jones in sustaining a
demurrer to the petition and also a
demurrer to the answer in the high
way custer case.
Claim Holder Still Member.
Friends of Mr.. Holder claim that
the decision of Judge Jones upholds
Mr.. Holders right to continue as a
member OF the highway commission
although it affirmed Governor Walk
ers right to remove him as chairman,
for which office no definite term was
provided by law On the other hand,
the other members of the highway
board claim that when Judge Jones
sustained a demurrer to the answer
ruling out the auditors report on which
the removal of Mr.. Holder was based
he removed the foundation from the
case of the board.
Sam L. Olive, chief attorney for
Mr.. Holder, has already filed bill of
exceptions to the ruling of the judge,
sustaining a demurrer to Mr.. Holder
mandamus to compel board members
to recognize him as chairman. The
Judge ruled that the governor had pow
er to remove Mr.. Holder as chairman
of the highway board
Harry S. Stroller chief counsel for
w. T. Anderson and Stanley 5. Ben
nett, board members, is ready with an
appeal assigning error to the order
of the court which threw out the
Dawson audit of the highway depart
ment. This audit made certain charg-
es against Mr.. Holder which were the
principal grounds cited by Governor
Walker for his removal.
Bitter Legal Battle.
Attorneys for both sides point out
that action on the direct bill of excep-
tons had the most important bearing
on the status of Mr.. Holder If the
supreme court upholds the decision OF
the lower court it means that action
of the governor in ousting him is le-
gal and in full effect. If it reverses the
ruling the question of whether or not
Mr.. Holders appointment as chairman
was ever confirmed by the state sem
ate will be tried on evidence without
jury.
! If the case reaches this stage a bit
ter legal battle is expected to develop.
Mr.. Anderson and Mr.. Bennett con-
tend that there is no record of Mr..
Holders confirmation. Mr.. Olive,
however, says he can prove the con-
/ hrmation by a story carried in the
Macon Telegraph, giving in detail the
happenings at the executive session,
at which the confirmation is alleged to
have been passed upon. He says also
that every member OF that senate
would testify that it had confirmed the
appointment, which was made by Gov
ernor Hardwick.
After studying and Analysing the
decision it is contended by many that
Holder, although removed as chair
man, is still member Of the board.
Want Quick Decision.
Attorney Sam L. Olive. represent
ing Mr.. Holder, notified the clerk OF
the supreme court that all attorneys
in the case were united in urging inn
mediate consideration and stated that
he would appear before the court and
ask for a hearing as soon as possible.
The court is now in session and could
take up the case at once.
Mr.. Olive stated in his notice that
the affairs of the highway department
are to some extent demoralized by
the present situation and therefore
both sides want the litigation settled
as soon as possible.
The affairs OF the highway depart
ment will be one OF the big questions
before the legislature when it meets in
June. Various bills will be introduced,
and proposition to divide the gas tax
and auto license MONEY among the
counties will have strong support.