# Appendix — Evans v. Abney > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0143%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1970 - **Citation:** 396 U.S. 435 ## Text " SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 1968 No. 1106 E. S. EVANS, ET AL., PETITIONERS, v8. GUYTON G. ABNEY, ET AL. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF THE STATE OF GEORGIA INDEX Original Print Proceedings in the Supreme Court of the State of Georgia Bill of exceptions 1 1 Judge’s certificate to bill of exceptions —...___. 4 4 Record from the Superior Court, Bibb County, Georgia 12 5 Petition 12 5 Exhibits A & B—Last will and testament of Augustus Octavius Bacon, dated March 28, 1911 and the codicil thereto, dated Septem- ber 6, 1913 19 10 Answer of defendant, City of Macon —..____. 47 32 Answer of defendants, Guyton G. Abney, J. D. Crump, T. I. Denmark and Dr. W. G. Lee, as successor trustees, etc. 51 34 Motion for summary judgment 54 35 Motion of Rev. E. S. Evans et al. to intervene and order thereon 56 36 Intervenors’ petition 59 38 ii INDEX Record from the Superior Court, Bibb County, Georgia—Continued Amendment to plaintiff's petition and order al- lowing Petition of A. O. B. Sparks, Willis B. Sparks, Jr., Virginia Lamar Sparks and M. Garten Sparks for intervention and order allowing a Amendment to answer and cross bill and order allowing Amendment to answer of City of Macon and order allowing i Exhibit A—Resolution of the Mayor and Coun- cil of the City of Macon adopted February 4, 1964 Exhibit B—Resignation of The City of Macon as Trustee Under Will of Senator Augustus Octavius Bacon Amendment to intervenors’ petition and order thereon Order and decree Resignation of The City of Macon as Trustee Under Will of Senator Augustus Octavius Bacon a Acceptance of trust en eer ne Clerk’s certificate (omitted in printing) Motion to amend bill of exceptions : Second motion to amend bill of exceptions Motion of Charles E. Newton, et al. to substitute parties defendant-in-error Exhibit “A”—Resignation of Board of Managers of Baconsfield Exhibit “B”—Acceptance of Resignation of Board of Managers; Appointment of New Board of Managers and Acceptance of Ap- pointment of New Board Order granting motion to substitute parties de- fendant-in-error, etc. : Motion to add parties defendant-in-error and to deny defendants-in-error’s motion to substitute parties defendant-in-error : Original Prins 6 4 69 45 72 47 76 50 79 51 94 61 95 62 99 64 101 66 102 67 103 67 105 67 110 69 115 70 119 73 120 74 122 76 125 77 Order granting second motion to amend the bill of exceptions, ete. Order granting motion by Charles E. Newton et al., defendants-in-error, ete. Opinion Opinion, Almand, J. Judgment .........- Motion for rehearing -......-.-...-----.--c-c-cecccserenenseeesesssseees Certificate of probable cause for rehearing ........ Order denying motion for rehearing ..................-.-.-- Clerk’s certificate (omitted in printing) .................. Order extending time to file petition for writ of certiorari ....... Order allowing certiorari Opinion of Supreme Court of Georgia in Evans et al. v. Newton et al. Motion for summary judgment ..................-..-.--. Amendment substituting parties .............----.----.------- Interrogatories ......-------------+ Answers to interrogatories Response to motion for summary judgment by intervenors .. Response to motion for summary judgment by successor trustees ...... Response to motion for summary judgment by executors Interrogatories si Answer of Board of Managers ............----.----0-+0-+ Second set of interrogatories .............-----.-----eeeeeeee Answer to interrogatories .............. Depositions of Mayor, et al. ........ Intervenors’ supplemental response to motion for summary judgment .........-.-2--------eseceeeenecsesnsneenseceees Exhibit “B”—Minutes of meetings of Board of Managers—Baconsfield ...........-..-.-----0-ce-e-eeeeeeee iii Original Print 130 79 131 80 132 81 141 85 147 89 148 89 151 91 153 92 154 92 155 93 156 94 131 95 136 98 143 105 145 107 151 113 157 119 161 123 164 125 166 127 172 133 182 142 185 144 193 147 371 242 506 246 iv INDEX Voitume II Original Print Excerpts from Exhibit “E” 595 = 347 Exhibit “F”—Indenture dated February ‘4, 1920 “ 650 353 Exhibit “G”—Indenture dated February 4, 1920 : . 653 =. 357 Amendment to motion for summary judgment— | | § Ieee 662 Exhibit “A” annexed to foregoing 664 Exhibit “B” annexed to foregoing .................... 671 376 Exhibit “C” annexed to foregoing .................... 676 382 Exhibit “D” annexed to foregoing ................. 678 384 Excerpts from resolution of Mayor and Council ... 686 389 Order making Attorney-General a party to case .... 687 390 Intervenors’ second supplemental response to mo- tion for summary judgment penticatiionliniahenenidititis 695 393 Affidavit of William H. Alexander... 708 403 ie, 2 Ce 710 3 3§=— 405 ie gg Ce Oi 713 408 ge = ; 715 = =410 _... 2. ae ; 718 413 ie 720 = 415 a gE a " 721 416 .. Sa 722 2 8= 417 ee a ee 723 418 ie gp SE as ee 724 419 gO a ee 847 443 Intervenors’ third supplemental response to motion for summary judgment... 917 454 kt EES 919 456 _. > oe ee 921 458 i gS RE ER eS ae SM 924 461 Supplement to motion for summary judgment as ve ge CS CY oT IE 930 462 Second supplement to motion for summary judg- ment as amended EE IEE” hcccieiatusciinnienmniteniamnints gee IG TE scuienbnchicnsceiemaane a i oom ne >, Response by ar General to motion for sum- mary judgment .. ; Order and decree ...... Notice of appeal .............. Enumeration of errors ............. Decision and opinion by Superior Court ................ Judgment Order granting Stay -........------c-c-cecceenensncerererenenenenes Order allowing Certiorari ...........---------------creceeeeeereeeers * Not in original record. i Original Print 939 468 941 470 947 476 949 478 959 488 963 491 975 502 999 v17 7 531 1106 532 1112 537 1127 546 ° 547 ° 548 List or ImpoRTANT Dates on Wuich Puzapincs Were FIep, 1. 10. Hearrncs Hevp, anp Orpers ENTERED: Petition filed May 4, 1963. Exhibits A & B—Last Will and Testament of Augustus Octavius Bacon, dated March 28, 1911 and the codicil thereto, dated September 6, 1913. Answer of defendant, City of Macon, filed May 20, 1963. Answer of defendants, Guyton G. Abney, J. D. Crump, T. L. Denmark and Dr. W. G. Lee, as suc- cessor trustees, ete., filed May 27, 1963. Motion for summary judgment filed May 27, 1963. Motion of Rev. E. S. Evans et al. to intervene and order thereon filed May 27, 1963. Intervenors’ petition filed June 18, 1963. Amendment to plaintiff's petition and order allow- ing, filed January 8, 1964. Petition of A. O. B. Sparks, Willis B. Sparks, Jr., Virginia Lamar Sparks and M. Garten Sparks for intervention and order allowing, filed January 8, 1964. Amendment to answer aud cross bill and order allowing, filed January 8, 1964. Amendment to answer of City of Macon and order allowing, filed February 5, 1964. Exhibit A—Resolution of the Mayor and Council of the City of Macon adopted February 4, 1964. a3. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. b Exhibit B—Resignation of the City of Macon Trustee Under Will of Senator Augustus Octavius Bacon. Amendment to intervenors’ petition and order thereon, filed March 5, 1964. | Order and decree of March 10, 1964. | Resignation of the City of Macon as Trustee Under Will of Senator Augustus Oct acon. Acceptance of Trust filed March 12, 1964. Se Argument in Georgia Supreme Court, June 8, 1964. Opinion of Georgia Supreme Court dated Septem- ber 28, 1964. Petition for certiorari filed March 5, 1965. Certiorari granted April 26, 1965. Opinion and judgment of Supreme Court of the United States of January 17, 1966. Opinion of Georgia Supreme Court on remand dated March 14, 1966. Motion for Summary Judgment, and Order filed November 10, 1966. Response to Motion for Summary Judgment filed by Successor Trustees under Will of Augustus Oc- tavius Bacon filed January 13, 1967. — 99. Response to Motion for Summary Judgment filed by Successor Trustees under Will of Augustus Oc- tavius Bacon, deceased filed January 16, 1967. Cc 93. Response to Motion for Summary Judgment filed by Successor Trustees under Will of Augustus Oc- tavius Bacon filed January 16, 1967. 94. Intervenors’ Supplemental Response to Motion for Summary Judgment filed by Successor Trustees under Will of A. O. Bacon filed June 27, 1967. 95. Hearing on Motion for Summary Judgment, June 29, 1967. 96. Amendment to Motion for Summary Judgment and Order filed June 29, 1967. 97. Order making Attorney General a Party to case filed July 21, 1967. 98. Intervenors’ Second Supplemental Response to Mo- tion for Summary Judgment filed by Successor Trustees under the Will of A: O. Bacon filed Au- gust 10, 1967. 29. Intervenors’ Third Supplemental Response to Mo- tion for Summary Judgment filed by Successor Trustees under the Will of A. O. Bacon filed Au- gust 17, 1967. 30. Supplement to Motion for Summary Judgment as Amended filed August 21, 1967. . Second Supplement to Motion for Summary Judg- ment as amended filed August 28, 1967. d 32. Intervenors’ Fourth Supplemental Response to Mo- tion for Suaimary Judgment filed by Successor Trustees under Will of A. O. Bacon, filed August 31, 1967. 33. Response by Attorney General to Motion for Sum- mary Judgment filed November 1, 1967. 34. Order and Decree May 14, 1968, filed May 14, 1968, 35. Copy of Letter of Judge to Attorneys filed May 14, 1968. 36. Notice of Appeal filed June 10, 1968. 37. Enumeration of Errors filed July 8, 1968. 38. Decision of Georgia Supreme Court of December 5 1968. ’ 39. Judgment of December 5, 1968. 40. Order granting stay pending certiorari dated De- cember 13, 1968. 41. Petition for Writ of Certiorari filed March 3, 1969. . Certiorari granted, May 5, 1969. — Expianatory Note Pages 1 to 94 infra are an exact reproduction of the printed record in this Court in Evans v. Newton, No. 61, Oct. Term 1965. These pages were reproduced in this manner by agreement of counsel. Folio page references in pages 1 to 94 are to the 1965 original record and differ slightly from pagination in the present record. (fol. 1] IN THE SUPREME COURT OF THE STATE OF GEORGIA Docket No. 22534 Rev. E. S. Evans, et al., Intervenors, Plaintiffs in error, v. Cuartes E. Newton, et al., Defendants in error. Bu or Excerrions—Filed May 8, 1964 To the Honorable Chief J ustice and the Honorable Justices of the Supreme Court of Georgia: Be It Remembered that on February 5, 1964, there came on for hearing in Bibb Superior Court before the trial judge, the Honorable Oscar L. Long, a Motion for Sum- mary Judgment which had been submitted by the peti- tioners, defendants-in-error, after which arguments and authorities were submitted to the Court by parties for each side. Thereafter, and on the 10th day of March, 1964 the said trial judge entered his order and decree granting the said motion. To the said Order of the said trial judge the plaintiffs- in-error did except, now except and assign the ruling of the trial judge as reflected in his decree and order as being contrary to the law and facts in the case. Plaintiffs-in- error contend that said Order denies equal protection to the plaintiffe-in-error and others similarly situated as guar- anteed by the Fourteenth Amendment to the United States Constitution, for the reason that said Order has the effect of prohibiting Negroes from the use of the park which is the subject matter of this litigation. Further, plaintiffs- in-error contend that said ruling, order and decree also denies to the plaintiffs-in-error, and others similarly situ- ated, equal protection of the laws as guaranteed by the Fourteenth Amendment to the United States Constitution, in that, this said Court has accepted the resignation of the City of Macon as Trustees and appointed new Trustees for the purpose of enforcing the provisions of the Last Will and Testament of A. O. Bacon which contains a raci discriminatory testamentary provision and which plaintiffs. in-error contend was originally commanded by the State, Error is further assigned to the said Order on the ground, and the plaintiffs-in-error contend, that Section 108-202, Georgia Code Annotated, 1933 Edition, has the effect of requiring that the racially discriminatory provisions of the testamentary trust which is a part of the subject matter of this litigation be declared null and void. Said Code Section reads as follows: 108-202. (4604) Cy pres.—When a valid charitable be- quest is incapable for some reason of execution in the exact manner provided by the testator, donor, or founder, a court of equity will carry it into effect in such a way as will as nearly as possible effectuate his intention. (110 Ga. 540, 543 (35 S.E. 639).) {fol.2] Plaintiffs in error further assign error to the said trial judge’s said ruling, order and decree on the ground that the Acts of Georgia of 1905, page 117, commonly re- ferred to as Georgia Code Section 69-504, hereinafter set out, is violative of the equal protection clause of the Four- teenth Amendment for the reason that said provision pre- scribes racial discrimination and since the racially discrim- inatory provision in A. O. Bacon’s Last Will and Testa- ment, the plaintiffs-in-error contend, was dictated by that unconstitutional statute which received enforcement by said statute, all in violation of the Fourteenth Amendment to the United States Constitution, Sec. 1. Said Act reads as follows: 69-504 (890) Gifts for public parks or pleasure grounds.—Any person may, by appropriate convey- ance, devise, give, or grant to any municipal corpora- tion of this State, in fee simple or in trust, or to other persons as trustees, lands by said conveyance dedicated 3 in perpetuity to the public use as a park, pleasure ground, or for other public purpose, and in. said con- veyance, by appropriate limitations and conditions, provide that the use of said park, pleasure ground, or other property so conveyed to said municipality shall be limited to the white race only, or to white women and children only, or to the colored race only, or to colored women and children only, or to any other race, or to the women and children of any other race only, that may be designated by said devisor or grantor; and any person may also, by such conveyance, devise, give, or grant in perpetuity to such corporations or persons other property, real or personal, for the development, improvement, and maintenance of said property. (Acts 1905, p. 117.) Plaintiffs-in-error specify as material to a clear under- standing of the errors complained of the following , "ons of the record, to wit: 1. 2. 3. Petition, filed May 4, 1963. Answer of the City of Macon, filed May 20, 1963. Answer of Guyton G. Abney, J. D. Crump, T. I. Den- mark and W. G. Lee, as Trustee successors under the Last Will and Testament of A. O. Bacon. 4. Motion for Summary Judgment dated May 27, 1963. 5. Motion of Rev. E. S. Evans, et al. to intervene, dated May 29, 1963, with order thereon. 6. Intervenors Petition filed June 18, 1963. 7. Amendment to Petition filed January 8, 1964. 10. Petition- for intervention and order thereon dated January 8, 1964. Amendment to answer and Cross Bill, with order thereon, filed January 8, 1964. Amendment to answer of City of Macon, filed Febru- ary 5, 1964. a 11. Amendment of Intervenors’ Petition, filed March 5, 1964. 12. Trial Judge’s Order and Decree dated March 10, 1964. 13. Resignation of City of Macon as Trustees. 14. Acceptance of Trust filed March 12, 1964. (fol. 3] And Now, come Rev. E. S. Evans, et al., within the time provided by law, and assigning error on all the rulings complained of as being contrary to law, tender this their Bill of Exceptions and pray that the same may be certified to and transmitted to the Supreme Court of Georgia in order that the alleged errors may be considered and corrected, all as provided by law. Donald L. Hollowell, William H. Alexander, Attor- neys for Plaintiffs-in-error. 85914 Hunter St. N.W., Atlanta, Georgia 30314, Jackson 5-8372. [{fol. 4] Jupor’s CertiricatTz To Bri or Excerrions —April 14, 1965 I do certify that the foregoing Bill of Exceptions was tendered to me on the 9th day of April, 1964, that the same is true and specifies all the evidence, and specifies all of the record material to a clear understanding of the errors complained of and the Clerk of the Superior Court of Bibb County is hereby ordered to make out a complete copy of such parts of the record in said case as are in this Bill of Exceptions specified, and of the record in said case as are in this Bill of Exceptions specified, and certify the same as such and cause the same to be transmitted to the Supreme Court of Georgia, that the errors alleged to have been com- mitted may be considered and corrected. This 14 day of April, 1964. O. L. Long, Judge, Bibb Superior Court. 5 (fol.5] The within and foregoing Bill of Exceptions ten- dered this 9 day of April, 1964. O. L. Long [fol. 6] Acknowledgments of Service by Attorneys for De- fendants-in-Error (omitted in printing). (fol. 8] Clerk’s Certificate to foregoing paper (omitted in printing). (fol. 10] [File endorsement omitted] (fol. 12] Lx THE Superior Court, Biss County, Gzoraia Petition—F zp May 4, 1963 Charles E. Newton, Mrs. T. J. Stewart, Frank M. Wil- lingham, Mrs. Francis K. Hall, George P. Rankin, Jr., Mrs. Frederick W. Williams and Mrs. Kenneth W. Dunwody, all of said State and County, in their respective capacities as members of the Board of Managers of Baconsfield, herein- after referred to as the “Board”, bring this bill in equity and name as defendants the following parties: The City of Macon, in its capacity as Trustee under Item 1X of the Last Will and Testament of Augustus Octavius Bacon, deceased : Guyton G. Abeny, J. D. Crump, T. I. Denmark and Dr. W. G. Lee, as successor Trustees under the Last Will and Testament of Augustus Octavius Bacon, De- ceased, holding assets for the benefit of certain desig- nated beneficiaries who will take the residuary estate under the terms of said Will, but subject to the pro- visions of Item 1X thereof as herein more fully set forth. L. This Honorable Court has jurisdiction of this proceed- ing in that all of the defendants against whom substantial relief is prayed herein are residents of Bibb County, (fol. 13] Georgia; and for the further reason that the trust assets, as hereinafter described and which form the subject aan matter of this bill in equity, are situate in said State and County. 2. Your petitioners are the duly qualified and acting mem. bers of the Board of Managers of Baconsfield, created and established under the provisions of Item 1X of said Last Will and Testament of Augustus Ocavius Bacon. 3. The defendant the City of Macon is a municipality duly created by Act of the Legislature of the State of Georgia, and, under said Item 1X of said Will, holds, as Trustee, the legal title to that tract or parcel of land situate in Macon, Bibb County, Georgia, known as “Baconsfield”, and more fully described in said Will. ; 4. The defendants Guyton G. Abney, J. D. Crump, T. L Denmark, and Dr. W. G. Lee are successor Trustees under said Last Will and Testament, and codicil thereto, and are duly qualified and now acting in such capacities, respec- tively. 5. The Last Will and Testament of Augustus Octavius Bacon, dated the 28th day of March, 1911, and the codicil thereto, dated the 6th day of September, 1913, have been duly probated in solemn form in the Court of Ordinary of {fol. 14] Bibb County, Georgia, a copy thereof being at- tached hereto as Exhibits “A” and “B” and by reference made a part hereof. 6. Under Item 1X of said Will the testator conveyed all his right, title and interest in and to Baconsfield, the parcel referred to being fully described in said Item 1X, unto 7 “The Mayor and Council of the City of Macon”, the then designation of the same municipal corporation which is now the “City of Macon”. 7. Your petitioners show that said property was 80 con- veyed to the defendant the City of Macon “in trust for the sole, perpetual and unending use, benefit and enjoyment of the white women, white girls, white boys and white chil- dren of the City of Macon, to be by them forever used and enjoyed as a park and pleasure ground”, subject however, to the restrictions, government, management, rules and control of the Board of Managers of Baconsfield, your peti- tioners herein. 8. Although under the provisions of said Will, the defen- dant the City of Macon, as Trustee of said properties, is under @ paramount duty to carry out the provisions of gaid trust, the Board has complete and unrestricted con- trol and management of said property, with power to make all needful regulations for the preservation and improve- ment thereof, and rules for its use and enjoyment, with power to exclude at any time any person or persons of either sex, who may be deemed objectionable, or whose (fol. 15] conduct or character may by said Board be ad- judged or considered objectionable, or such as to render for any reason in the judgment of said Board their pres- ence in said grounds inconsistent with or prejudicial to the proper and most successful use and enjoyment of said property for the purposes contemplated by the testator. 9. As directed in said Will, the Board has over the years confined the exclusive use of Baconsfield to those persons designated in said Will, although under the provisions thereof it has not objected to the use of said property by co CN OE IE — the white men of the City of Macon and white persons of other communities. 10. Your petitoners show, however, that although they have called the attention of the defendant the City of Macon to the provisions of Item 1X of said Will and its duties as Trustee thereunder, said defendant is now failing and re- fusing to carry out and enforce the provisions of said Will with respect to the exclusive use of Baconsfield by the white women of the City of Macon and white boys and white girls, and white men when so authorized by the Board, but on the contrary, has recently permitted and is now permitting the continuous use of said premises by members of the colored race, in direct contravention of the terms of the trust created by the testator, and under which said defendant holds title to Baconsfield, and in complete disregard and violation of the explicit mandate of the testa- [fol. 16] tor as set forth in said Will. 11. Your petitioners are without power to enforce the terms of said trust with respect to the aforesaid use of Bacons- field, except to request the defendant the City of Macon to comply with the terms of the Trust. If, however, a new Trustee, or new Trustees, are appointed by this Court then, if necessary, said Trustee or Trustees, by the exer- cise of a writ of mandamus or otherwise could require the defendant the City of Macon or other proper law enforce- ment officers to carry out their duties so that the terms of the trust, which the City of Macon now is violating in its capacity as Trustee, may be carried out by the new Trustee or Trustees. 12. Your petitioners show that the aforesaid breach of duty on the part of the defendant the City of Macon, as Trus- 9 tee, constitutes such a violation of trust as to require its removal as Trustee. 13. Your petitioners bring this petition for the purpose of removing the defendant the City of Macon as Trustee of said properties, and recommend to this Honorable Court, as a court of equity, that it appoint three (3) freeholders, residents of the City of Macon, to serve as successor Trus- tees to defendant the City of Macon and who in their capac- ity as Trustees, being private citizens, can and will under the law carry out the testator’s wishes and intent with re- (fol. 17] spect to the use and enjoyment of Baconsfield, and the purposes for which said trust was established. Wherefore, your petitioners pray : (a) That process do issue in terms of law; (b) That the defendant the City of Macon be removed as Trustee under said Will; (c) That this Court, as a court of equity, enter a decree appointing one or more freeholders, residents of the City of Macon, to serve as Trustee or Trustees under the Last Will and Testament of Augustus Octavius Bacon, deceased, with power on the part of the Board to name, subject to the approval of this Court, from time to time, a successor Trustee or Trustees upon the death or disqualification of any such Trustee, or should any such Trustee for any reason cease to serve in such capacity; (d) That legal title to Baconsfield, as well as to any other assets now held by the defendant the City of Macon, in its capacity a8 such Trustee, be decreed to be in the Trustee or Trustees 60 appointed by this Court, and in their respective successor or suc- cessors, for the uses, purposes and trusts originally declared by the testator, Augustus Octavius Bacon; 10 (e) That your petitioners have such other and further relief as the Court may deem fit and proper. Jones, Sparks, Benton & Cork, Attorneys for Petj. tioners. (fol. 18] Duly sworn to by Frank M. Willingham, jurat omitted in printing. [fol. 19] Exuisit “A” To Petition COPY OF LAST WILL AND TESTAMENT OF AUGUSTUS OCTAVIUS BACON I, Augustus Octavius Bacon, of said State and County, being in perfect health and of sound and disposing mind and memory, and desiring to make disposition, while so capacitated, of the property which, under Providence, has been the fruit solely of my personal industry and toil, do hereby make, publish and declare this my last Will and Testament, hereby expressly and entirely revoking and cancelling all other Wills heretofore made by me. Item Ist I commit my soul to God, in the humble hope that in spite of my many weaknesses, imperfections, faults and misdeeds, I shall be reuinited in a happy immortality with my kindred and friends, and particularly with the members of my immediate family, to whose happiness and welfare my life has been gladly and unsparingly devoted. Item 2nd I direct that my body be buried in Rose Hill Cemetery in the lot recently purchased by me, and that the bodies of my two ever-lamented sons, Lamar Bacon, who died on the 21st day of December 1884 and Augustus Octavius Bacon, Jr., who died on the 27th day of November of the same year, shall be removed from the lot in which they are now — interred, and re-interred in the same lot now owned by me, and I further direct that my Trustees hereinafter named, or their successors, shali erect over the graves of myself and of my two sons, and also over the graves of all other (fol. 20] members of my family who shall die during the continuance of the trust herein created, monuments in their discretion suitable and appropriate therefor. 11 Item 3rd I direct that all my just debts be paid as early as prac- ticable after my death. Item 4th My household and kitchen furniture in the main dwelling house, I give and bequeath to my wife, Mrs. Virginia Lamar Bacon, during the full term of her natural life, to be there- after disposed of by her will as she may direct. Item 5th My household furniture in the little cottage commonly called “The Hut” which I have personally occupied for years, as well as all of my books of every kind whereever located, together with all of my papers, pictures, jewelry, personal apparel and all other similar personal effects, I give to my two beloved daughters, Mrs. Mary Louise Bacon Sparks, and Mrs. Augusta Lamar Bacon Curry, to be di- vided between them as they shall agree with each other, re- questing that they give or transmit to their several chil- dren such of said articles as it may be thought they would prize and preserve. Item 6th All of my estate both real and personal, of every descrip- tion, and wherever situate, excepting therefrom only so much thereof as is otherwise disposed of by this Will, either in the clauses precedent or subsequent hereto, I (fol. 21] hereby give, bequeath and devise unto my tried 12 and trusted friends Alexander Lawton Miller, Custis Not. tingham, Richard C. Jordan and Warren Roberts, all of my said bounty, in trust for the persons : nd purposes here. inafter named and specified, with the estates and remain. ders, and with the powers and limitations herein specifically designated and set forth as follows: (a) Except as otherwise specified in this Will, all of the corpus of my said property—including both that held by me in trust, and that held in fee simple— whether consisting of the property as it exists at the time of my death, or of the property into which it may be subsequently converted, or of property subsequently acquired for my estate, shall be held by the said Trus- tees and their successors in trust for the sole use, bene- fit and enjoyment of my wife, Mrs. Virginia Lamar Bacon, and of my two daughters, Mrs. Mary Louise Bacon Sparks and Mrs. Augusta Lamar Bacon Curry, for and during the term of their natural lives, and after their several deaths, with the several remainders as herein specified and provided, and to the uses, bene- fit and enjoyment of the beneficiaries specified there- under; and to fully effect the same, the said Trustees shall annually, so long as the said Mrs. Bacon, Mrs. Sparks and Mrs. Curry shall all remain in life, pay to each of them one-third of the net annual revenue de- rived from said property after the payment of all (fol. 22] proper and legitimate expenses incident there- to. (b) Upon the death of Mrs. Virginia Lamar Bacon, I direct that all of the property specified and embraced within this Item 6th of my Will, including the one- third theretofore held in trust for Mrs. Virginia Lamar Bacon, shall be by the said Trustees divided inte two equal parts, one of which parts shall be held by said Trustees in trust for the sole use, benefit and enjoy- ment of my daughter, Mrs. Mary Louise Bacon Sparks, during the full term of her natural life with the re- 13 mainders in the same as hereinafter specified, and the net revenues from the same shall during her life be annually paid to her; and the other of said equal parts shall be held by said Trustees in trust for the sole use, benefit and enjoyment of my daughter, Augusta Lamar Bacon Curry during the full term of her natural life, with the remainders in the same as hereinafter speci- fied, and the net revenue from the same, shall during her life, be annually paid to her. (c) Upon the death of my daughter Mary Louise Bacon Sparks, I direct that the portion of the property embraced in this Item 6th of my Will and held in trust for her during the term of her natural life as afore- said shall thereafter be held by said Trustees and their successors of the sole use, benefit and enjoyment of the (fol. 23] children now in life of my said daughter, Mary Louise Bacon Sparks. During the full term of the life of Willis B. Sparks, Senior, who married my said daughter, Mary Louise, with remainder after his death to the children of the said children now in life of my said daughter Mary Louise, to-wit: the children of Augustus Octavius Bacon Sparks, Willis B. Sparks, Junior; Virginia Lamar Sparks and of Garton Sparks. But if at the time of the death of my daughter Mary Louise, and any one or more of the said children of my said daughter Mary Louise shall then be in life, the proportionate interest of each of said children of my daughter Mary Louise shall then vest in said child in fee simple, and thereupon the said trust to that extent shall cease and terminate. If during the life of the said Willis B. Sparks, Senior, and after the death of my daughter, Mary Louise, any one of her said chil- dren hereinbefore named, shall die leaving neither hus- band, nor wife, nor child, the interest of said child so dying shall thereupon descend to, and enure in equal parts to the benefit of the survivors of the said chil- dren, and shall thereafter during the continuance of this trust, be held by the said Trustees for the use, 14 benefit and enjoyment of the survivors of the Said children. The intent and purpose of this provision of my Will is that in no event and under no circumstanees shall the trust cease and the title in and to said prop- ({fol. 24] erty, or any part thereof, vest in fee simple, in either of my said daughter Mary Louise, or in any of her descendants, during the term of the natural life of the said Willis B. Sparks, Senior; and further that the remainders hereinbefore specified shall be preserved and take effect after the death of the said Willis B. Sparks, Senior. (d) Upon the death of my daughter, Augusta Lamar Bacon Curry, I direct that the portion of the property embraced in this Item, and held in trust for her dur. ing the term of her natural life as aforesaid, shall thereafter be held by said trustees and their successo for the sole use, benefit and enjoyment of the children now in life of my said daughter, Augusta Lamar, to-wit: Shirley Holeomb Curry, Marie Louise Curry and Manly Lamar Curry, until her youngest child, the said Manly Lamar Bacon Curry, shall reach the age of twenty-one years, when the proportionate part of said property, shall vest in each of said children, and the trust, to the extent thereof in said property, shall thereupon cease and determine. But if either of the said named children or my said daughter, Augusta Lamar, shall, without leaving husband, or wife or child, die before the said Manly Lamar Bacon Curry shall reach, or would, if in life, reach the age of twenty-one years, the portion of the said child so dying shall thereafter be held in trust for the use, benefit and en- joyment of the survivors of the said named children; ({fol. 25] and if either of the said named children of my said daughter, Augusta Lamar, shall, before the said Manly Lamar reaches, or would, if in life, reach the age of twenty-one years, die leaving a child or chil- dren in life, the portion of the child so dying shall be — held in trust for his or her surviving child or children until they severally arrive at the age of twenty-one years. 15 Item 7th To my said Trustees hereinbefore named, and to their successors, I give full power and authority to sell so much of the property of my estate as is embraced in the foregoing sixth Item of this Will, both real and personal or any part thereof in their discretion, and to make conveyances there- of, with full and perfect title free from said trusts, limita- tions and remainders, to the purchasers of the same with- out any authority asked from or granted by any court, or officer or any person whomsoever; said sales to be at either public or private sale, and no such terms as they in their discretion shall determine, and either with or without public or other advertisement of the same. But the net proceeds of all such sales, except as otherwise provided in this Will, shall be by the said Trustees reinvested in other real estate in the State of Georgia; which said real estate, when thus purchased for reinvestment, shall in each and every particular be held in the name of said Trustees or their successors subject to the same trusts and uses, and limited to the same estates and remainders as are specified in the foregoing Sixth Item of this Will; and the [fol. 26] title deeds taken to said real estate shall, by refer- ence to this Will express that the same is conveyed for said trusts and uses, and with the said estates and remainders as are herein specified. The books of said Trustees shall contain an accurate and complete statement of all real estate and other property sold and purchased on account of said trust estate, and also accurate accounts of all monies received and disbursed on account of said estate. I urge the said Trustees in this connection not to sell the real property of my estate hurriedly, but only when the same can be done to the best advantage, as the said property can in large part be used in such manner as to provide revenue, and the said property will in a reasonable short 16 time be very valuable for sale for residence purposes, The power to sell I intend to embrace in all its features ang requirements and exemptions, the power to lease or rent. Item 8th During the lives of Mrs. Virginia L. Bacon and of my two daughters, Mary Louise Bacon Sparks and Augusta Lamar Bacon Curry, it is my will that they shall each receive annually through said Trustees, from my estate at least the full sum of $1,200.00. If the one third of the net annual revenues derived from my estate does not in any year furnish an amount sufficient to pay the full sum of $1,200.00 to each of them, I direct that the defiviency be made up by taking from the amount received from the sales of property embraced in Item Sixth of this Will, as much as will be necessary to give to each of the three, the said full sum of $1,200.00. (fol. 27] Upon the death of their mother, Mrs. Virginia Lamar Bacon, it is my will that each of my said daughters Mary Louise and Augusta Lamar, shall receive annually, through said Trustees, from my estate at least the sum of $1,800.00. If the property set apart for the use and enjoy- ment of each of my said daughters upon the death of their mother, to be held as hereinbefore provided in trust for each of them during life, shall not in any year furnish an amount of net revenue sufficient to pay to each or either of them the full sum of $1,800.00, I direct that the deficiency be made up by sales of property so set apart; so that any deficiency in the annual amount due to my daughter Mary Louise shall be made up by sales of property set apart for her use; and in like manner any deficiency in the annual amount due to my daughter Augusta Lamar shall be made up by sales of property set apart for her use; and the property so sold shall, as hereinbefore provided, be thereby freed from said trusts and the estates, limitations and re- mainders thereunder. The purpose of this provision is not to limit my wife and daughters to the amount named, but to ensure to them at least said amounts in case the net revenues shall be insufficient for that purpose. _— 17 Item 9th I direct that there by said Trustees laid off and accurately defined and permanently marked by enduring monuments, the following described part of my farm which is situated in part within and part without the corporate limits of the City of Macon, and known as “Baconfield,” the same to be set apart and dedicated to the purposes, uses and enjoy- (fol. 28] men.» 7s hereinafter more fully set forth and de- tailed. The said part of the property thus set apart is hounded as follows: there is on the Southeastern part of my said farm @ four acre rectangular tract which formerly belonged to James Pepper, and which is commonly known as the “Pepper Place” the same having been purchased and added to my farm. For this description, beginning at the South-eastern corner of said rectangular tract, the boundary line of the property runs in a Northerly direction along the Eastern boundary line of said Pepper Place and thereafter in a direct prolongation of the same to a point nine hun- dred and sixty-three feet and five-tenths from the said start- ing point, thence in a slightly northwestern direction sixty- three feet and five-tenths, thence in a northerly direction three hundred and thirty-two feet across Boulevard Bacon- field to a point on the Western side of said Boulevard, thence three hundred and sixteen feet along the western border of said Boulevard to a point on the same immedi- ately opposite the junction of said Boulevard and Gray Street, thence, in a direction a little West of North, twenty- four hundred and eighty feet to an elm tree, thence at right angles sixteen hungred and sixty-two feet to the bank of the Oemulgee River, thence in a Southeasterly direction along the bank of said river thirty-three hundred and ninety seven feet, thence in a direct line to the Southwest corner of the said Pepper lot, thence four hundred and thirty-seven feet along the Southern boundary line of said Pepper lot to the original starting point; the said metes and bounds of the said tract of land being correctly platted and defined on a map of the same hereto attached, made [fol. 29] by H. D. Cutter and upon which for the purpose of ae identification, | have endorsed my original signature, The larger part of the property thus described and bounded ig a portion of a trust estate originating with me and created solely by me for the benefit of my wife and children dur; my life and for their benefit and use after my death in such estates and with such remainders as should be speci- fied and directed by me in my last Will and Testament. For the purpose of carrying out fully the purpose and intent of the trust thus created, I hereby give, bequeath and de- vise the said property consisting of the tract of land herein- before described and bounded and platted on said map unto the said Trustees, viz. Alexander Lawton Miller, Custis Nottingham, Richard C. Jordan and Warren Roberts, in trust for the sole joint use, benefit and enjoyment of my wife, Virginia Lamar Bacon, and of my two daughters, Mary Louise Bacon Sparks and Augusta Lamar Bacon Curry, during the term of their natural lives, as follows: So long as they shall all live they shall be entitled to the equal enjoyment and use of the same including all revenues and profits in any way derived therefrom. When Mrs. Vir- ginia Lamar Bacon shall die, the use, benefit and enjoyment of the entire property herein described and bounded shall belong to my two said daughters equally, including all revenues and profits in any way derived from the same, during the full term of their natural lives. Upon the death of either of my said daughters, her interest in said prop- erty shall be enjoyed by her children and the survivors of them until the death of my last surviving daughter. Upon the death of my said wife and of each of my sajd daughters, (fol. 30) and of the last survivors of them, the trust created in this property by this said Ninth Item of this Will in the said tract of land thus defened, bounded and platted shall cease, and thereafter shall close all interest and right of enjoyment of any person or persons whomsoever in said property except as héreinafter specified and provided, to-wit: When my wife, Virginia Lamar Bacon and my two daughters, Mary Louise Bacon Sparks and Augusta Lamar Bacon Curry, shall all have departed this life, and immedi- 18 19 ately upon the death of the last survivor of them, it is my will that all right, title and interest in and to said property hereinbefore described and bounded, both legal and equi- table, including all remainders and reversions and every estate in the same of whatsoever kind, shall thereupon vest in and belong to the Mayor and Council of the City of Macon, and to their successors forever, in trust for the sole, perpetual and unending, use, benefit and enjoyment of the white women, white girls, white boys and white chil- dren of the City of Macon to be by them forever used and enjoyed as a park and pleasure ground, subject to the restrictions, government, management, rules and control of the Board of Managers hereinafter provided for: the said property under no circumstances, or by any authority what- soever, to be sold or alienated or disposed of, or at any time for any reason devoted to any other purpose or use excepting so far as herein specifically authorized. For the control, management, preservation and improvement of said property there shall be a Board of Managers consist- ing of seven persons of whom not less than four shall be white women, and all seven of whom shall be white persons. [fol. 31] The Members of this Board shall first be selected and appointed by the Mayor and Council of the City of Macon, or by their successors in said trust; and all vacan- cies in said Board shall be filled by appointments made by the Mayor and Council of the City of Macon, or their suc- cessors, upon nomination made by the said Board of Man- agers and approved by the said Mayor and Council of the City of Macon or their successors. If practicable, I desire that there shall be as a member of said Board of Managers at least one male or female descendant of my own blood, not only in the Board as first constituted, but at all times thereafter. The said Board of Managers shall at all times have complete and unrestricted control and management of the said property with power to make all needful regu- lations for the preservation and improvement of the same, and rules for the use and enjoyment thereof, with power to exclude at any time any person or persons of either sex, - eA RE NNT A AY 20 who may be deemed objectionable, or whose conduct or character may by said Board be adjudged or considered objectionable, or such as to render for any reason in the judgment of said Board their presence in said grounds in. consisting with or prejudicial to the proper and most gue. cessful use and enjoyment of the same for the Purposes herein contemplated. The Board of Managers shall have the power to admit to the use of the property the white men of the City of Macon, and white persons of other com. munities, with the right reserved to at any time withhold or withdraw such privilege in their discretion, To enable the Board of Managers to have a fund for the payment of necessary expenses connected with the management, im. provement and preservation of said property, including when possible drives and walks, casinos and parlors for (fol. 32] women, play grounds for girls and boys and pleas. ure devices and conveniences and grounds for chi flower yards and other vrnamental arrangements, I direct that said Board may use for purposes of income in any manner they may deem best that portion of the property that lies Easterly of the road known as Boulevard Bacons- field, beginning at the north Macon bridge and including the “Pepper Place,” also all of said property lying on the river which is properly classed as low lands, or river bot- tom; but in no event and under no circumstances shall any part of the property herein conveyed and bounded and platted be ever sold or otherwise alienated or practically disposed of by any person or authority whatsoever, and excepting the portions of the property which may be used for purposes of revenue as aforesaid all the remainder of said property shall forever and in perpetuity be held for the sole uses, benefits and enjoyments as herein directed and specified. If it should be held that said property is sub- ject to taxation when devoted to such uses as a park or pleasure ground, I request that proper steps be taken to secure from the State of Georgia a perpetual release from all liability to taxation. 21 I take occasion to say that in limiting the use and en- joyment of this property perpetually to white people, I am not influenced by any unkindness of feeling or want of con- sideration for the Negroes, or colored people. On the con- trary I have for them the kindest feeling, and for many of them esteem and regard, while for some of them I have sincere personal affection. I am, however, without hesitation in the opinion that in their social relations the two races (white and negro) (fol. 33] should be forever separate and that they should not have pleasure or recreation grounds to be used or en- joyed, together and in common. I am moved to make this bequest of said property for the use, benefit and enjoyment of the white persons herein specified, by my gratitude to and love of the people of the City of Macon from whom through a long life time I have received so much of per- sonal kindness and so much of public honor; and especially as a memorial to my ever lamented and only sons, Lamar Bacon who died on the 21st day of December 1884 and Augustus Octavius Bacon, Jr. who died on the 27th day of the same year. And I conjure all of my descendants to the remotest generation as they shall honor my memory and respect my wishes to see to it that this property is cared for, protected and preserved forever for the uses and pur- poses herein indicated. I direct that said property during the lives of my said wife and my two said daughters shall continue to be known and designated as “Baconsfield” and that after their death, it shall be forever and perpetually known as “Baconsfield,” and shall be so designated in all matters, documents and papers relating thereto. While I make no restrictions, I request that the Managers will preserve on the property my present house residence, and the smaller house nearby which I have personally oc- cupied for so many years and which I have called “The Hut” the said houses to be used to the best advantage, and in such localities on the property as may be most desirable, for the comfort, convenience and pleasure of the white women, girls, boys and children herein designated: and I trust that the managers of said property may find it to the best inter- ——y (fol. 34] est of those who are to enjoy this property that there shall be perpetually preserved the present woods and trees upon the same. And I specifically direct that during the said trust estate in said property for the uses and bene. fit of my wife Virginia Lamar Bacon and of my two daugh. ters Mary Louise Bacon Sparks, and Augusta Lamar Bacon Curry, neither the said residence house nor the said smaller house known as “The Hut” shall be removed or destroyed or materially altered by addition or otherwise, but that the same during the entire terms of said trust estate for life, be carefully preserved in their present condition; and fur. ther that during the terms of said trust estates and dur; the lives of my said wife and my two said daughters, the woods and trees on said property be carefully preserved, and that no one of them be cut down or destroyed for any purpose whatsoever; and I further specifically provide and direct that the said trustees hereinbefore named and their successors shall not have power or author‘ty to sell or otherwise alienate or dispose of the tract of land thus de. scribed, bounded and platted or any part thereof during the continuance of said trust or truste or at any other time, under any circumstances and upou any account whatsoever, and all such power to make such sale or alienation is hereby expressly denied to them, and to all others. Item 10th To make still further provision for the preservation, man- agement and improvement of the property set apart in the foregoing 9th Item of this Will as a park and pleasure grounds as aforesaid, I will and bequeath to the Mayor and Council of the City of Macon, and to their successors, ten (fol. 35] bonds of the Macon Railway and Light Co., each of said ten bonds being for $1000.00 and in the aggregate being for $10,000.00 and bearing interest at the rate of five per cent per annum, and at present in the custody of The Riggs National Bank in Washington, D. C., the said bonds and all monies or things of value resulting and de- rived therefrom to be held by the said Mayor and Council 22 23 of the City of Macon and their successors for the following trusts and uses, to-wit: So long as the property known and to be known perpetually as “Baconsfield,” specified, hounded and described in the foregoing 9th Item of this Will, shall continue to be held in trust by the Trustees named in the said foregoing 9th Item and their successors for the use and benefit of my said wife and my two said daughters, or either of them, until the said property shall yest in the Mayor and Council of the City of Macon to be held in trust for the purposes specified and for the uses directed in the said 9th Item. The said Mayor and Council of the City of Macon shall as said Trustees collect the semi- annual interest which shall be paid on said bonds, and as promptly as practicable invest the same in interest bearing bonds to be added to and included in said trust fund; and the interest received on the additional bonds thus purchased, and from all other bonds additional thereto resulting from and accruing to said fund, shall in like manner be reinvest- ing in interest bearing bonds, so that all income from said fund or in any manner accruing to said fund shall as far as practicable be semiannually compounded and added to the principal of the original fund. When the said Trustees named in the said 9th Item and their successors shall cease {fol. 36] to hold said property in trust for my said wife and my said daughters, as provided in the said 9th Item, and when as therein provided the Mayor and Council of the City of Macon shall as Trustees be vested with said prop- erty and the title to the same for the uses therein set forth, they shall as may be required for the preservation, main- tenance and improvement of said park and pleasure ground, pay over to the Board of Managers hereinbefore provided for, the income subsequently received from said trust fund constituted of and resulting from the said bonds; and all income derived from said property, and from said bonds, and the proceeds thereof, when not required for the needs of said park and pleasure ground, be added to the said princi- pal fund, to the end that from increased income it may be in greater and ever increasong degree beautiful and developed and equipped for the benefit and enjoyment of those for 24 whose pleasure and happiness it is designated. If for any reason it should be held that the Mayor and Council of the City of Macon have not the legal power under the charter of the City to hold said fund in trust for the purposes specified, then unless said power is obtained through ap. propriate legislation, 1 direct that the powers herein ex- pressed be conferred upon a trustee to be selected by the Mayor and Council of the City of Macon, with such safe. guards and restrictions as may be prescribed by them for the perpetual safekeeping and management of the fund. And I give a similar Q. Is this the same club that occupies the club house? A. No. Q. On the park? A. No. Q. It is a different club; is that right? A. Yes, this was a young group of women or were when I went in there. Q. What is the name of the group? A. Macon Civic Women’s Club, Macon Young Women’s Civic Club. [249] Q. Does the Macon Young Women’s Civie Club pay the City any money for the use of that? A. No. Q. Does the club have its headquarters there in the building or is it elsewhere? A. Elsewhere. Q. What is the address of the headquarters? A. I couldn’t tell you. Q. Can you tell us the name of the president? A. I couldn’t tell you, all of my contemporaries in that club are out. Q. Does the City pay for the upkeep and maintenance of that building? A. No. Q. Who pays for the upkeep and maintenance? A. They have solicited, that was one of the agreements they went in there on, that they would get donations from business firms and others to keep it up, and as far as I know there hasn’t been any other request except for us to keep people from breaking in over there. Q. Did you comply with that request? A. We try, but we are not making much— Q. How do you try to comply with that request? A. Well, by having police officers check it out because it is not occupied very much of the time, and it is [250] in a rather bad location with that woods over there just behind it to keep vandalism down. Q. Does the Woman’s Club pay any taxes for the use of that building? A. For this operation? 183 ——y Q. For the building that— A. No. Q. They pay no taxes? A. No, just a meeting house, Q. Does the City maintain guards to provide police protection for the park itself? A. No, the city—nothing but patrol cars in the area. Q. Patrol cars go through the park occasionally? A | would think that they would. Q. Now, does the City pay insurance on the park or any of the equipment on the park? A. N one, never has. Q. Never has at any time? A. No. Q. What about the property you have just described which is used by the Young Women’s Club, does the City have insurance on that building? A. No, the City doesn’t have. I don’t know who— Q. Can you give us a valuation of that building? A Well, unless it is used of a specific purpose [251] like it is being used, it might be worth 5 or $6,000 for somebody to start on to do something with it, but it wouldn’t be in shape to put a price on it commercially. Q. Is that a brick building? A. Brick building. Q. How many rooms? A. One little kitchen and an- other little room, and that’s all there is to it, just a box like structure. Q. One story? A. One story. Q. Is Baconfield Park completely tax exempt? A. Well, not on the lease— Q. I am referring now to the park? A. The part of the park, no. Q. The park part is completely tax exempt? A. Yes, Q. All of the equipment on the park is tax exempt? A. Yes, to my knowledge. Q. To your knowledge is the clubhouse tax exempt? A. I couldn’t answer that since we had our new study. We have just recently completely a tax re-evaluation program. —— 184 P . Q. When did you complete that, sir? A. We completed that last year. Q. 1966? [252] A. Yes, in July, June or July. Q. So far as you know—let me ask you this: During the time that you have been in office, do you know of any occasion which the City or the County or the State has taxed the clubhouse on Baconsfield Park? A. I don’t know that. Q. Now, about the trust income property which is acro s from the park, what is located on that property at the present time? A. Well, I can’t say all that is located, I don’t even know the northern boundary. There is a filling station, a drug store, several other buildings, but I wouldn’t try to identify those which don’t fall in my business. Q. Can you name for us a few of the stores there? A. Well, Chichester’s Pharmacy, Shell Oil off hand. Q. What was the last one, sir? A. Shell Oil. Pure Oil used to be on it but it has been vacant for some time and there is a little ice cream—I wouldn’t know the name of it. Q. Would you say that those places constitute a shop- ping center? A. I would so consider. Q. Now, is that property in the shopping center tax exempt? ® thing to do with it. Q. Who controlled that club house? A. I don’t know. All I did around the club house was keep the grounds up in front and back there, that’s all. As far as the house itself, I didn’t have nothing to do with that. Q. What is the amount of appropriations for your de- partment, current year? A. Now? Q. Yes sir. A. Well, it’s about $80,000. Q. $80,0001 A. Yes. Q. What about 1962, what was the appropriation of your department? A. I have no idea. Q. You don’t recall, sir? A. No. Q. Would you say it has increased over the years? A. Oh, yes, see, I have taken over more now. See, I have even got highways now to keep up, and, of course, as the years go by the more it adds to your work. [292] Q. I see, can you give us the approximate amount of your budget during the year in which this club house was built? A. No, I have no idea. I make my appropria- tions from year to year, make it out, and if they see fit, the finance committee sees fit to give it to me, I get it; and if they don’t, I don’t. That’s all. Q. Well, let me ask this. Which department of the City has had control or supervision of the Woman’s Club house? A. I have no idea, nobody in my department has. Q. You don’t know who has control? A. No, I sure don’t. Q. Who is in charge of the recreation department for the City of Macon? A. Now? a . Q. Yes sir. A. Well, Mr. Bob Wade is chairman and Patat is the superintendent of it, of the playgrounds, Q. What is the last name? A. Patat. Q. Spell that, sir? A. P-a-t-a-t-t (spelling). Q. What is his first name, sir? A. I don’t know, his office is at the city hall. (293] Q. And what is his title? A. Superintendent of recreation. Q. Superintendent of recreation? A. Yes sir. Q. Did you have the responsibility for the installation of any of the lights on Baconsfield Park? A. No. Q. What about any of the equipment such as swings? A. That’s under playgrounds, that wouldn’t come under me at all, Q. You had nothing to do with any of those? A. No, Q. Did you ever have flower displays there at the park or gardens? A. No garden, the whole thing was beauti- ful everywhere no one spot, it was all over the place. Q. I see, approximately how much would you estimate that your department spent for flowers there in Bacons- field Park? A. Mighty little, I raised most of them. Q. You raised them? A. Yes, and people gave them to me, just go out in the woods and get wild azaleas and put out there and give them to me. Q. Where did you raise them, sir? [294] A. I had a green house over there. Q. City green house? A. Yes. Q. Where is the City green house located? A. It is not located, it is down. It rotted down. Q. It rotted down? A. Yes, Q. But at the time it was in existence you would raise them; is that correct? A. That’s correct, we bought some, we didn’t buy so many. A lot of people would give us things to put over there. Q. What else did they give you besides flowers? A. Well, a lot of people would give us things to go in the zoo — P " and a lot of things like that. Mr. Happ was interested in that park and he used to buy a lot of stuff and give me. Q. Who was that? A. And Mr. Murphy. Q. Mr. Murphy? A. Yes. Q. He would give you a lot of things? A. He bought a lot of things for the zoo, ducks and pheasants and one thing and another. Q. Who is Mr. Murphy? [295] A. He is dead. Q. Who was he, sirt A. Murphy, Taylor and Ellis real estate. Q. Do you have any idea of the amount of money spent by the City for flowers? A. No, it wasn’t too much. Q. Can you give us an estimate, sir? A. Well, I would say about everything complete because other people gave us so much and other things, I would say a rough estimate was about $5,000 maybe. Q. $5,000 per year? A. No, the whole business. Q. The total? A. Yes. Q. During which year, sir? A. During all the years. Q. From what time to what time? A. When we started. Q. Do you recall the year? A. I just told you when Mr. Toole, Mr. Glynn Toole was mayor, I didn’t recall the date, no. Q. And that would be from the time you started up until what year? A. That’s right. Q. Until what year, sir? [296] A. Until I quit 3 or 4 years ago, about 4 years ago. Q. I see, now, what about the money the City spent for fertilizer? A. Well, the Board of Managers got that, paid for that. ; Q. And what about grass seed? A. Same thing. Q. And what about shrubbery? A. They paid, they bought a lot of that, a lot of trees. That’s what I say, the City didn’t spend too much, it was given to us and got out in the woods and got. a Q. I see, and once the Board of Managers purchased that, the City would plant them; is that correct? A. That's right. Q. And the City would cultivate and maintain the flowers and shrubbery, etc.; is that correct? A. That’s correct, Q. During the time that you had the WPA crews, did you deal with particular persons at the WPA? A. Did I deal with them? Q. Yes. A. Sure, I was working them all the time al] over Macon. Q. Who was in charge of the WPA crews? A. Oh, I don’t know, the headquarters was down there [297] on Cherry Street. They changed around so much. I was work. ing about 600 of them all over Macon, everywhere, Q. Who was the person who was generally in charge of them? A. Well, they changed engineers, they had an engi- neer come one time from Atlanta and send another man down and here they go, just like that, every time I would go down there there would be a different person down there. All they would do is send the men over there and I worked them. Q. I see, you would deal with the engineer who was in charge; is that correct? A. He was on the WPA himself, engineer. Q. And you would deal with him; is that correct? A. That’s right. All he did was furnish me the men, and I did the work. Q. Do you recall the name of this person you dealt with? A. No, I don’t. 212 Mr. Alexander: We have no further questions. Examination by Mr. Jones: Q. Mr. James, the WPA that you refer to, I believe I am correct in my understanding that they were trying to find work? A. That’s right. — (298] Q. For a large number of people at that time? A. That’s right. Q. And the City under your jurisdiction helped them find the work? A. That’s right. ' Q. Did you or the City have anything to do with paying them? A. No, we didn’t pay them anything. Q. You did select the places where the work was avail- ablet A. That’s right. Q. Was that limited to parks or did it include all sorts of properties? A. Anything, anything, tear buildings down at Central City Park, do anything you asked them to do. Q. Did it extend to school grounds, for instance? A.l didn’t have anything to do with school grounds, at one time I did. Q. I am talking about the WPA now? A. Yes, I am talking about WPA, only time I worked them on the school grounds and that was at Gresham High School, I got them to tear a wall down for me, and that’s all. Q. And is it generally true that the WPA was just used by you wherever you could find some work for them to (299] dot A. That’s right. Q. And that was the policy of the program at that time? A. That’s right. Q. Now, you referred to the recreation department hav- ing jurisdiction over certain things and doing certain things; do you know any—did you have anything what- ever to do with the recreation department? A. Not a thing. Q. Do you simply mean to say that you had nothing to do with the playground features of itt A. That’s right. Q. Do you know who did, whether the Board of Mana- gers or private concerns? A. No, I don’t. Q. Or the public? A. No, I don’t. 213 — Q. You just lump all of that under the head of recreg. tion? A. That’s right. Q. Do you know whether you are talking about the ree. reation department of the City of Macon or just recreation supervision generally? A. I know one thing, I know | didn’t do it, I just [300] took it for granted they did it, Q. In other words, you are not familiar with anything in the recreation department? A. That’s right. Q. Anything that they did? A. That’s right. Q. You just know you didn’t do it? A. That’s right, ] was too busy tending to my own business, I couldn’t tend to theirs. 214 Mr. Jones: I think that’s all that I have. Examination by Mr. Shi: Q. Mr. James, during this time when you said something about exercising control and supervision over the park? A. Yes. Q. Did you take a good many of your instructions from somebody other than the City? A. No. Q. You didn’t have any instructions from members of the Board of Managers? A. Oh, yes, sure, sure, I thought you meant somebody in the office, yes, sure, they controlled the park. Q. Who dictated where the shrubbery was to be planted! A. Well, I did when they built the park and then I got to fixing up around the front of the club and behind [301] there, Mrs. Dunwoody did. Q. Mrs. Dunwoody? A. That’s right. Q. Was she a member of the Board of Managers? A. Oh, yes, and she always bought a lot of bulbs and I put them out over there. Q. Now, you were talking about the purchase of shrub- bery, and you said the Board of Managers purchased the — fertilizer? A. That’s right, and shrubbery too, a lot of it and trees. Q. And they purchased some of the shrubbery and a lot of the trees? A. Yes, sir, they sure did. Q. And they dictated where they wanted it put? A. Where they wanted to put it, that’s right. Q. Now, during a portion of this time while you were planting this shrubbery and maintaining the park were you working for the Board of Managers as well as for the City of Macon? A. Well, the City of Macon was paying me, but they had jurisdiction of the park. Q. Did you receive any pay from anybody other than the City of Macon? A. Yes, sir, they paid me, not a regu- lar salary, but [302] they give me money at different times. Q. The Board of Managers gave you money for particu- lar work that you did? A. Just general work, nothing in particular, everything I did over there. They didn’t give me a regular salary now. Q. And on or about the early part of February of 1964, were you instructed by the City of Macon to terminate all work on Baconsfield? A. Exactly what date I don’t know, but I was up at the City Hall one day and the Mayor, Mr. Merritt said, “We will have to stop work over there at Baconsfield Park,” and I said, “All right, that ends it.” Q. And did you get all of your equipment out from over there? A. I didn’t have much over there to get out, I was ready to move in five minutes. Q. You were ready to terminate your connection in five minutes? A. It didn’t take me but five minutes to get 215 away. Q. And as far as you know, have any of your employees rendered any services in connection with Baconsfield Park since that date? A. Not a one, not under me. Q. And you no longer have any connection with the Board [303] of Managers? A. Not a bit. 216 Q. Did the Board of Managers approach you about work. ing independently for Baconsfield Park? A. Yes Sir, as well as I remember, Mr. Charlie Newton did, wanted to know if I could work over there and kind of supervise jt after my work hours. I told him I would have to find out. Q. Did you find out? A. I sure did, and the Mayor told me I couldn’t do it, and I said, “All right.” I said, “Can I do it?” and he said, “No.” and I said “All right.” Q. In fact, did the mayor teil you you could either work for the Board of Managers or the City of Macon? A. That is what he meant, he didn’t say that. Q. Now, some of this control and supervision that you talk about exercising? A. Yes, Q. Was at the direction of Mrs. Dunwoody and other members of the Board of Managers? A. Oh, yes, we dis- cussed it together, you know, and decide on this, that or the other, and that is the way we got through. They did a lot of buying, they bought a lot of stuff. Q. Now, Mr. Merrit hasn’t ever been out there and [304] told you where to plant a camellia, has he? A. Never told me to plant anything. Q. How about Mr. Sydney Pyles? Q. Would you say that the Alexander School which is located in the vicinity is either totally white or predomi- nantly white school? A. Predominantly, yes. Q. Does the school, the Alexander School in the vicinity of the park have any other playground or is the one on Baconsfield the only playground? A. That’s the only one, yes, that’s the only one I know of. Q. Mr. Willingham, would it be accurate to say that be- ginning in 1964 the expenditures by the Board of Managers for the operation and maintenance of Baconsfield Park increased substantially over previous years? A. Yes, I would say so. Q. And would you attribute that to the fact that the City of Macon withdrew as trustee? [333] A. Would I—say that again now. Q. Would you attribute the substantial increase in ex- penditures to the fact that in 1964 the City of Macon with- drew as trustee? A. Yes, I would say it was. 235 Mr. Alexander: I think that’s all, sir. Examination by Mr. Jones: Q. The last subject that he referred to, it has been testified both by Mr. James and the Mayor that to some extent the facilities of the park department of the City were made available to the Board of Managers in con- nection with the operation and that terminated in 1964? A. Yes, sir. | Q. After that time, did you have any benefit of any sort of character from any such activities by the City? A. No sir. Q. Whatever costs may have involved to the City for the services which were rendered through its park de- partment, did the Board of Managers always have addi- — tional expense in connection with the operation of the park? A. State that again, I didn’t quite get it. Q. I said irrespective of the value or amount of the par- ticipation by the park department of the City in [334] connection with cutting grass and whatever they did there, did the Board of Managers from its own funds also have substantial expenses in connection with the Operation? A. Yes sir, it did. Q. Since 1964—well, one more question, I think I had started to frame this question and didn’t complete it, whatever it may have cost the City or the taxpayer to give you the assistance which you did receive, when it became necessary for you to provide that from private sources, would that have been more costly to you than it would to the City? A. Yes sir, that’s right. Q. Mr. Willingham, reference has been made to an ap- praisal, reference was made to how the State Highway Department acquired the right of way to 1-16 and you stated that you believed that it was by negotiation by Mr. Newton. Do you know as a matter of fact that there was a condemnation suit filed by the State’ Highway De. partment? A. Yes sir, I believe it was. Q. Had there been any prior negotiation with reference to that by Mr. Newton with the Highway Department as to value? A. Yes sir, they had discussed it. Q. You stated that an appraiser was obtained, was that obtained by the Board of Managers or by the City? [335] A. Actually I think the Board of Managers hired Mr. Hall to make that appraisal of that property. Now, whether the City did or not, I don’t know or the highway department. Q. Would your records disclose the payments for that cost? A. Yes. 236 A 237 Q. You have no information as to what the City may have done or said so far as the Board is concerned? A. No sir. Q. The cost to them would be reflected in the records of the Board? A. Yes sir, it would. Q. If I understand the situation with reference to the Woman’s Club, the arrangement for its use and the ar- rangements for its construction all preceded your member- ship on the Board? A. Yes sir. Q. And you do not know the details of those arrange- ments? A. No sir. Q. Is it or not true, however, that since you have been on the Board the entire management and control of the clubhouse used by the Woman’s Club has been under the Woman’s Club and not under the Board of Managers? (336] A. Yes sir, that’s right. Q. With reference to the lease rental income, is that a net figure; that is, do the lessors pay for taxes and repairs and insurance? A. Yes sir. Q. And whatever other obligations would normally re- duce the gross rental to a net rental? A. Yes sir, that’s right. Q. So that the amount you receive is net of all of those matters? A. Yes sir. Mr. Sparks: Excuse me, did you mean to say the lessees paid that? Mr. Jones: Lessors, no, the lessees paid it. Didn’t I say that? Mr. Sparks: No, you said lessors, and I thought you meant to say lessees. —— 238 By Mr. Jones: Q. I am sorry, I am talking about tenants? A. Yes, sir, Q. The tenants are the ones who pay all of those? 4 Yes sir. Q. Cost and expenses? A. Yes sir. Mr. Jones: I believe that’s all I have. [337] Examination by Mr. Grant: Q. As a matter of fact, then tenants are responsible for the construction of improvements on this rented property aren’t they? A. Yes sir. Q. In other words, the Board just leased the vacant land to Charlie Nash? A. As a land lease. Q. And he through sub-tenants have arranged for the construction of the drugstore and other buildings on the property which was vacant at the time the Board leased itt A. Yes sir, I don’t know whether it is proper now or not, but some of the testimony I heard from the Mayor with reference to the dirt or fill that was hauled into the park was paid for by the Board of Managers, we paid some $3500, I think, for that dirt that was hauled in and it is in the records and you will see it when you read it. Q. Was that when Mayor Merritt was talking about 100 or 200 loads? A. Yes sir. Q. In the sink between the clubhouse and North Avenue! A. That’s right. Q. And the records of the Board show that the Board [338] paid the City of Macon $3500 for hauling that dirt in there? A. Yes sir. Q. Do the records also show payment by the Board for curbing and guttering? A. Yes sir, that’s right. Mr. Jones: You might read those records into the record with reference to that $3500. 239 The Witness: With reference to the dirt that we paid the City for, the Board of Managers paid the City $3500 for the fill dirt which he testified to this morning between April 1, ’56 and March 31, 57, Of course, it was hauled in there at different times, but we did pay that amount to them for that fill dirt that was hauled in there. Re-examination by Mr. Alexander: Q. You can’t say, can you, Mr. Willingham, that the City never spent any money at all for the operation and maintenance of Baconsfield Park? A. No sir, no sir. Q. Also you can’t state from your personal knowledge that the Board of Managers paid the fair market value for the dirt, can you? A. It was a lot of money, I don’t know whether it was [339] fair value or not. I would think so for fill dirt. Q. But for 100 or so dump truck loads of dirt, you have no personal knowledge as to what such would cost? Mr. Jones: In 1956? By Mr. Alexander: Q. At the time it was placed in the park? A. No sir. Q. The only thing you know is what the Board of Managers paid out? A. That’s right. Q. Can you state for us a few of the companies or busi- nesses that are on the so-called commercial property? A. Oh, there is ChiChester’s Pharmacy, better known as Baconsfield Pharmacy and then there is a Dairy Queen, Pure Oil Company used to be there, and they are no longer there. Seven-Eleven which is a sort of a grocery store, I reckon you would say and then I think there is a variety store over there and a shoe store, and I think Cs 2 there is a Shell filling station over there, and I think there is one that used to be a laundry, pick-up place there. That is all I know about. Yes, there is a doctor’s office over there too, Dr. Birdsong. Q. Will you state the bank in which the Board of Managers keeps its deposits? A. First N ational Bank and Trust Company. [340] Q. And has the Board of Managers at all times used that bank as depository for its funds? A. The whole time I was on the Board, yes. Q. I think you indicated you wanted to describe what the relationship of the bank was. Mr. Jones: I made the statement that Mr. Willing. ham can correct that he has stated, Mr. Willingham had testified that there was no agency contract with any organization or company. He was referring to operation and management of—the Board of Manag- ers does have a fiscal agency agreement with the First National Bank under which the First National keeps its financial records and receives the funds that come to them and disburse those funds, and that is done by the First National under an agency agreement with the Board of Managers. By Mr. Alexander: Q. Is what counsel stated correct? A. That’s right. Q. Has the Board at any time made deposits of funds with the City of Macon? A. No sir. Q. What was the arrangement regarding the handling of fiscal matters prior to 19642 A. It was the same as it is now. Q. Did the First National Bank serve as depository [341] prior to 19647 A. As far as I know they served. ee 241 Q. Who handled the business affairs of the Board prior to 19647 A. The Board handled it. Q. Any particular member of the board? A. Well, Mr. Newton was chairman, and he was trust officer of the First National Bank. Mr. Jones: May I clarify that a little further. Mr. Alexander: Yes. Mr. Jones: Actually the bank has always been the depository bank of the funds and they have maintained their checking account. However, the agency arrangement did not originate until October, 1964. Prior to that time Mr. Newton was there and Mrs. Kearnes was Mr. Newton’s secretary and she kept, they kept some of the bank’s records and in- cidentally some of the others, but it was purely a checking account so far as the bank was concerned prior to that time and a function of Mr. Newton as a member of the Board or chairman of the Board to look after things and Mrs. Kearnes did a good deal of that for him, for Mr. Newton. I think that’s the situation. The Witness: That’s correct, yes. Mr. Alexander: No further questions. ” — [371] In tHe Superior Covrr or Biss County, Gzoron (Trrtz Omrrrep] INTERVENoRS’ SuPPLEMENTAL Response To Motion ror Summary J UDGMENT FILzp sy Successor Trustees Unper Wu or A. 0. Bacon—Filed June 27, 1967 Comes now, Rev. E. S. Evans, Louis H. Wywnr Rey. J. L. Key, Rev. Booxer W. Cuambers, WituiAM Ranp and Rev. Van J. Matonz, Intervenors, who file this Sup. plemental Response to the Motion for Summary Judgment filed by the successor trustees under the will of A. O. Bacon, and show the Court the following: omits There are many additional material facts which are in dispute or which have not been fully developed in this case. The Intervenors show further that before the instant case is disposed of, a full hearing should be had to deter. mine the facts and to fully develop certain important as- pects of this case. pe There are several constitutional questions involved in this case and intervenors are entitled to a full hearing on the merits, including an opportunity to introduce evidence and produce witnesses, before said constitutional questions are resolved. —3— The entry of a judgment to the effect that the trust prop- erties should revert to the heirs of Senator Bacon would violate the intervenors’ rights under the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution, in that: 243 (a) AJ udicial decree of reversion would not implement the [372] intent of Senator Bacon’s will, which expressed the legally incompatible intentions that (1) Negroes be excluded from Baconsfield Park, and (2) that Baconsfield Park be kept as a municipal park forever. A judicial choice between these incompatible terms must be made in con- formity with the said Fourteenth Amendment. The affirma- tive purpose of the trust, to have a park for white people, gill not fail if the park is opened for all, and for the court to rule that the mere admission of Negroes to the park is such a detriment to white persons’ use of the park as to frustrate the trust and cause it to fail, would be a viola- tion of the said Fourteenth Amendment. (b) Substantial amounts of government funds, labor, services, goods, and materials have been contributed to the establishment, development, and maintenance of Bacons- field Park over a long period of time. The City of Macon appropriated funds and also developed the park by a land- seaping project funded in part by the City of Macon and in part by the United States Government through its agency, the Works Progress Administration (W.P.A.). Intervenors show further that the City of Macon appro- priated substantial funds of at least $100,000.00 to erect a swimming pool, playground and recreational facilities, established by the City of Macon and the Bibb County School System. The said School System continues to use Baconsfield Park as a playground for one of its schools, namely Alexander School No. 3. The said park was oper- ated from the time of its development until the City re- signed as trustee, as an integral part of the Macon parks system and maintained by City of Macon employees out of general appropriations of the city parks department. (c) By virtue of contributions to Baconsfield Park made by the Government of the United States, the entry of a judgment to the effect that the trust properties should revert to the heirs of Senator Bacon, would violate the 244 intervenors’ rights under the Due Process Clause of the Fifth Amendment to the United States Constitution, [373] 4 That attached hereto, and incorporated herein by ref. erence, are the following exhibits: (a) Exhibits “A” and « ”—two volumes of minutes of the Board of Managers of Baconsfield. (b) Exhibit “C”—Statement from the First National Bank and Trust Company of Macon, Georgia, Trust Department, agent for the Board of Managers, for the period of 10-14-64 to 4-17-67. (c) Exhibit “D’—Statement of assets of said Board held by said Trust Department as agent of the Board. (d) Exhibit “EK”—Certified copy of records of the Works Progress Administration (W.P.A.), Project No. 244, thru 262 and 2364 relating to landscaping of Baconsfield Park. (e) Exhibit “F”—Certified copy of Deed from Bibb County Deed Book 248, Folio 11. (f) Exhibit “G’—Certified copy of Deed from Bibb County Deed Book 248, Folio 16. (g) Exhibit “H’—Certified copy of Deed from Bibb County Deed Book 496, Folios 157-159. a ee That in addition to the foregoing, the interrogatories and deposition filed in this case are incorporated herein by reference. WHEREFORE, intervenors pray that this court: (a) deny movants the requested motion for a summary judgment and set this case down for trial on the merits ; — (b) vacate its previous judgment permitting the City Council of Macon, Georgia to resign as trustees of Ba- consfield ; 245 (c) vacate its previous judgment appointing private trustees to administer the Bacon trust; (d) make so much of the Georgia Supreme Court’s judgment on remand as is consonant with and not incon- sistent [374] with the judgment of the United States Supreme Court in the case of Evans, et al, vs. Newton, et al,, 86, S. Ct. 486, 15 L. ed. 2d 373, the judgment of this Court; and (e) declare the City Council of Macon, Georgia and its successors in interest the trustee of the Baconsfield Park forever to hold, maintain and operate as a public park on a nondiscriminatory basis and otherwise in accordance with the wishes of Senator Bacon as ex- pressed in his Last Will and Testament; or (f) alternately, declare the City Council of Macon, Georgia and its successors in interest, the bona fide hold- ers of Baconsfield Park in fee simple; (g) grant them cost and attorneys fees in this action ; (h) grant such other and further relief as to this Court may seem just and proper. This 26 day of June, 1967. /s/ Wuu1am H. ALEXANDER WuuumM H. ALEXANDER 85914 Hunter Street, N. W. Atlanta, Georgia 30314 Jack GREENBERG James M. Nasszrr, III 10 Columbus Circle New York, New York 10019 Attorneys for Intervenors (Certificate of Service Omitted in Printing) a (506) EXHIBIT “B” MINUTES BOARD OF MANAGERS BACONSFIELD covering period From March 30, 1936 Through Oct. 31, 1945. [507] March 30, 1936, The meeting of the Baconsfield Park Commission was held today in the Mayor’s office with the following present: Mr. G. Glen Toole, Chairman; Mrs. Hay; Mrs. P. Williams; Mayor Herbert I. Smart; Dr. W. G. Lee. The election at the previous meeting of Mrs. T. J. Stew. art to succeed Mrs. Randolph Jaques who resigned was confirmed. Dr. W. G. Lee was elected Secretary and Treas- urer for a year. Chairman Toole and Treasurer Lee reported that they had granted use of the base-ball park in Baconsfield Park to General Motors Company to stage a “Parade of Prog- ress” show free of charge through their agent, C. A. Lewis, in charge of the Department of Public Relations, and same was approved by the board. The following resolution regarding Mr. John L. Ander- son, former member of this board, was approved: “‘Wuereas, John L. Anderson, a former member of this Board, was duly elected secretary and served as such for several years, and— ~~ 247 “Wuerzas, the said secretary has moved from the City of Macon, and his membership on this Board has been declared vacant, and— “Wuereas, the minutes of the meetings held during the tenure of office of Mr. Anderson are in his possession, and although repeated efforts have been made to obtain the said minutes they have not been forthcoming— “Br Ir Resotvep That the action of the [508] members of this Board up to the present are hereby approved. “Be Ir FurrHer Resotveo That continued efforts be made to obtain the said minutes and in the meantime the new secretary keep regular minutes of the meeting.” The following is a copy of an item in the will of Senator A. 0. Bacon, which furnished the basis for the following resolution : “Should the Mayor and Council of the City of Macon at any time consent to do so, then I direct that they be authorized to receive the fund constituted of said bonds and all additions thereto and the proceeds there- of, and cover the same into the treasury of the City, in consideration of the perpetual obligation of the city to be evidenced by its bond or otherwise, to provide and pay over annually to the said Board of Managers an amount equal to five per centum interest upon the sum thus covered into the treasury, to be devoted by said Board to the uses hereinbefore specified.” Motion was made by Dr. W. G. Lee that Mayor Herbert I. Smart be requested to take up with the Council of the City of Macon and the proper department of the Federal Gov- ernment the matter of paving the roadways in Baconsfield Park, with the understanding that Council will furnish —y the proceeds from the sale of $10,000,00 worth of Macon Railway and Light bonds [509] owned by the Park Com. mission and held by the City of Macon to be used for such paving if it can be supplemented with funds secured from the Federal Government on the customary basis of 55-45, Chairman Toole and Treasurer Lee reported to the com. mission that within the last twelve months that they have planted approximately 3,000 dog wood, both white and pink, in the park, about 10,000 rhododendron and mountain laurel, about 600 camellia japonicas, and 5,000 azaleas; that the walks and bridges have been laid out through the woods and placed over the streams; and that the park is rapidly developing into a real place of pleasure and resort for the white residents of Bibb County, as set forth in the will of its donor. Dr. W. G. Lez Dr. W. G. Lee, Secretary O.K. W.G.L. — (512) June 29, 1936 Meeting of the Baconsfield Park Commission was called in the Mayor’s office at 10:30 o’clock in the morning of June 29, 1936, with the following members present: Chairman G. Glen Toole Mayor Herbert I. Smart Mrs. P. L. Hay Dr. W. G. Lee. The minutes of the meeting of March 30 were read and approved, with a correction of Mrs. Frederick Williams instead of Mrs. Cheatham’s name as appeared in the minutes. The matter of paving the roads in Baconsfield Park was discussed at length, as was also the building of a swimming pool in the Park. After some discussion, motion was made by Dr. W. G. Lee that the members of the Park Commission who were present be made a Committee for the purpose of selecting and agreeing upon a site in the Park for the building of a swimming pool, and that they hold their first meeting this afternoon at 6:30 in the Park. The motion was carried. Mayor Smart, Ch. The following bills from Crane & Company were author- ized for payment, for plumbing done in the home occupied by Mrs. Hedeman: $11.65, $5.81, $1.39, $5.45. The occupancy of the home by Mrs. Hedeman came up for discussion, and the entire commission was of the opinion —— that the property should not be used for charitable pur. poses, and agreed as soon as possible to repossess this property, and requested that no more money be expended on it until it was restored. [513] The matter of the house occupied by the man in charge of the boats on the river, recently moved without authority to the hillside, came up for discussion, and met with the objection of some members of the Commission, No final decision was reached in this matter, but further con. sideration will be given it in the immediate future. There being no further business, the meeting adjourned, Dr. W. G. Lez Dr. W. G. Lee, Secretary [514] June 30, 1936 A meeting of the Baconsfield Park Commission was held in the Mayor’s office on July 30, with the following mem- bers present: Mrs. P. L. Hay, Mrs. T. J. Stewart, Chairman G. Glen Toole, Mayor H. I. Smart, Dr. W. G. Lee. The minutes of the meeting held June 29 were read and approved. Chairman G. Glen Toole reported with reference to a petition sent by him as Chairman of the Baconsfield Park Commission requesting the release of the Macon Railway & Light Company bonds to be converted into cash and used for developments in the Park in terms of the Will of Senator A. O. Bacon, that Council had acted favorably upon same. 251 Chairman Toole reported that he had had an opportunity of visiting the swimming pool at Athens, Georgia, and found that it was being operated at a profit. He also visited the Candler pool at Atlanta, Ga. Motion was made by Mayor Smart that Dennis & Dennis be selected as architects provided satisfactory arrange- ments can be made with them. The motion was carried, and Chairman Toole appointed Mayor Smart and Dr. Lee to contract with them. Motion was made by Mrs. P. L. Hay that a committee of three be appointed with power to act to carry on all matters pertaining to the building of the Swimming Pool in Baconsfield Park, with especial reference to the matter of arranging finances for the execution of same. There being no further business, the meeting was [515] adjourned. W. G. Lez Dr. W. G. Lee, Secretary [516] The following committee: Mrs. P. L. Hay, G. Glen Toole, Mayor Herbert I. Smart, and Dr. W. G. Lee, met at Baconsfield Park July 29, 1936, and after some delibera- tion agreed upon site for the proposed swimming pool. The following day, Messrs, Toole, Smart and Lee, with architect, Mr. Dennis, visited pools at Griffin and LaGrange, Georgia, saw fine plants and gained considerable knowledge about construction. They came away convinced of the wisdom of pursuing to successful conclusion the erection of a pool here as early as possible. W. G. Lez Dr. W. G. Lee, Secretary approved 7-30-36 252 [525] June 28, 1938 A meeting of the Baconsfield Park Commission was held at 11:00 A. M., in the Women’s Club on the Park grounds, with the following members present : Chairman G. Glen Toole, Mrs. Kenneth Dunwoody, Herbert I. Smart, W. G. Lee, with a Committee from the Women’s Club, Mrs. Booth, Chairman, appearing before said Commission. Chairman Toole reported regarding the stone marker on the premises, in memory of Senator A. O. Bacon, that with the aid of the County stone which had been selected in Jones County could be moved, and for a nominal cost of $25.00 the wording and lettering could be done. This was authorized, and the Committee was requested to pro- ceed with same. Regarding the planting of evergreen trees in the swamplands adjacent to Spring Street Bridge, Chairman Lee reported that 48 bay trees, and 156 Virginia live oak had been planted; that 144 bamboo plants had been set out, representing six different varieties, which were do- nated by the U. S. Government; also that 500 additional dog wood, some of them single white, double flower white, and double flower red, had been planted, making a total number of 2,000 planted in the Park over the last two years. Likewise, Petunias in large numbers had been planted on the borders leading to the approaches of the Bridge. The Baconsfield Park Commission expressed apprecia- tion to Secretary W. G. Lee for the donation of three large Camellias, planted in the small triangular park adjacent to Nottingham Drive. 253 (526) Mr. Toole requested all of the members of the Commis- sion who were present at today’s meeting, to aid the Women’s Club in every way they could, in the plans for construction of a new Club House on the grounds. The Committee approved the site which had been selected to build the new Club House on. Letters from the Mayor and Council, and from representatives of the heirs of Senator Bacon, were presented by Mrs. Booth, and will be made a part of the permanent records of the meeting. Secretary W. G. Lee made a motion that the Mayor and Council be requested to give police powers to the park keepers now on the grounds, and that they be instructed to stop trucks and fruit wagons and such traffic from using the roads and streets in the Park proper. A Committee composed of Mrs. Dunwoody, Messrs. Smart and Lee, was appointed by the Chairman and re- quested to ask Council’s cooperation in getting all of the available second-hand paving material possible, and take such other necessary steps to comply with Federal Aid requirements in getting the streets in Baconsfield Park paved so that it could be used the year round with safety and convenience. This Committee was likewise requested to ask Council to consider the wisdom of converting our $10,000.00 of Railway & Light Bonds into money, and using the same to match Federal Aid in the building of a modern, up-to-date swimming pool in Baconsfield Park. There being no further business, the meeting adjourned. Dr. W. G. Lez, Secretary Dr. W. G. Lee approved except last clause concerning using bonds money for pool 254 [527] October 12, 1938 A meeting of the Baconsfield Park Commission was held in the Mayor’s office on October 12, 1938, with the follow. ing present: Chairman G. Glen Toole, Mrs. Stewart, Mrs. Hay, Mr. Smart, Dr. Lee. The minutes of the meeting held June 28, 1938 were ap. proved, with the exception of the last clause authoriz; the expenditure of our Railway & Light Bonds for the swimming pool. Secretary & Treasurer W. G. Lee requested that the purchase of Dogwood, Magnolia, and other shrubbery be authorized, provided it was approved by the Park Com. missioner, Mrs. James. The recommendation was unani- mously approved. Motion was made by Chairman Toole that a petition be made to Mayor and Council, for the sale of the Railway & Light Bonds held by the Baconsfield Park Commission, said funds to be used to match Federal Aid, and the total amount to be used in paving roadways within the Park, said roads to be approved by the Baconsfield Park Com. missioner. There being no further business, the meeting was ad- journed. Dr. W. G. Lee, Secretary W. G. Lee Approved 5-26-1939 [528] May 26, 1939 A meeting of the Baconsfield Park Commission was called to order by Chairman Toole, at the City Hall with the following members present: Chairman Toole, Mrs. Williams, Mrs. Dunwoody, Mrs. Hay, Mr. Smart, Park Commissioner James, Secretary & Treasurer W. G. Lee. The minutes of the meeting held October 12, 1938 were read and approved. The meeting reported after a conference with Mayor Bowden that effort was being made to include the road- ways in Baconsfield Park in a paving program being pro- jected by the City. They hope to report progress in the near future on same. Dr. Lee reported an itemized list of all receipts and Disbursements since 1937, through May 26, 1939. Same was approved and was made a part of the minutes, and the Mayor was requested to have the books of the Trea- surer audited at their convenience. Mr. Smart discussed the wisdom of having cards fur- nished to the hotels, advising the traveling public of our parks, in order that they might take advantage of same. The matter was referred to Mr. Smart for his attention. Motion was made by Mr. Toole that the Park Commis- sion be requested to stop allowing dirt hauled out of any of the Park property by anyone for any purpose. This was duly carrieci. 256 He also moved and the motion was carried, that Mesgrs, Lee, Smart and James be authorized to purchase such [529] additional shrubbery as they deemed necessary to complete the planting for the lowlands of the Park above and below the Bridge. There being no further business, the meeting was ad. journed. Dr. W. G. Lee Dr. W. G. Lee, Secretary & Treas. O. K. by W. G. Lee 257 (546) October 27, 1942 A meeting of the Baconsfield Park Commission was called by Chairman Toole and met at the City Hall at 11:00 A. M., with the following members present: Mrs. Kenneth Dunwody Mrs. P. L. Hay Mayor Chas. L. Bowden Mr. Herbert Smart Chairman Toole and W. G. Lee, Secretary and Treasurer The minutes of the meeting of March 3, 1942, were read, and a new contract signed by the Mayor of Macon and W. G. Lee, Secretary and Treasurer of the Baconsfield Park Commission, transferring title to site of roadway through the East side of the Baconsfield Park property, accompanied by check from Mayor and Council and a map, which is to be made a part of the minutes, was presented, read and approved, Chairman Toole reported the fact that the lady living in the house with Mrs. Hedeman, who had been bedridden for some time, had expired, and recommended that the property be possessed from the present occupants and the same be improved for renting purposes. The motion was made by Herbert Smart and seconded by Mrs. Hay and was carried. Reference to the minutes of July 10, 1941, to the effect that Chairman Toole was authorized at that meeting to notify Mrs. Hedeman to vacate the property was made and said motion was passed and he was again at this meeting requested to proceed to get possession of the property. Mr. Smart made a motion that a committee be appointed with power to act in the matter of contracting, if possible, 258 to rebuild the house at present occupied by Mrs. Hedeman, at a price not to exceed $700.00. The motion was seconded by Mrs. Hay and was passed. The Mayor proceeded to appoint the following committe: [547] Lee, Chairman Smart Mrs. Hay Mr. Cleveland James, Superintendent of the Park, was present at the meeting and after a free discussion by him and Dr. W. G. Lee regarding the need for shrubbery for planting additional areas in the Park and completing other areas in planting, a motion was made by Mrs. Dunwody and seconded by Mr. Smart that Secretary and Treasurer W. G. Lee be authorized to buy such things as were needed for planting purposes. Mayor Chas. L. Bowden reported that the contract had been let for the paving through the East side of the Bacons- field Park Property and the entrance to the park opposite the entrance to the new paved highway to be made to conform in symmetry and appearance to each other. He also said that the survey revealed that it would be nec- essary to make it something like four or five feet beyond the present Northwestern boundary of Spring Street at the street for the purpose of improving the appearance and usefulness and safety of said street. The Board unani- mously approved doing this and thanked Mayor Bowden for his attention to same. The meeting then adjourned. “Vor Dr. W. G. Lzz Sec. & Treas. Dr. W. G. Lee, Secretary and Treasurer. Approved by board B. P. Com. — [548] December 15, 1944. The meeting of the Baconsfield Park Commission was called to order at the City Hall on Friday, December 15, 1944, Mr. G. Glenn Toole presiding, and all members pres- ent except Mrs. Tom Stewart. Mayor Bowden was present and stayed throughout the meeting. The minutes of the last meeting held March 3, 1942, were read and approved. A statement of the financial condition of the Commission was presented by the Treasurer, Dr. W. G. Lee, item by item from the above date through December 15, 1944, and was unanimously approved. Secretary & Treasurer W. G. Lee reported to the Board the purchase of a concrete pipe costing $735.00 to be used in closing up the last bad area of soil erosion in the Park. He also reported the purchase of a combination plow, tractor, mowing machine and spraying machine, together with the necessary equipment for complete usage, to the Board and they approved same. Mayor Bowden presented the offer of Wofford Oil Com- pany to lease the filling station on the corner of Spring Street and Emery Drive from the Park for ten years at $65.00 per month, which really represented an extension of the lease previously held by the same concern. The lease is really for the land owned as the buildings on it and the improvements were made by the tenant. The board author- ized the Secretary & Treasurer to sign said lease, which has been done, and it has been forwarded to Atlanta for signature and when returned, will be made a part of the minutes of this meeting. A motion was made by Mr. Herbert Smart and seconded by Mrs. Dunwody that the Secretary be requested to ad- dress a letter to Mrs. E. E. Hedeman, advising her that she may continue [549] to use the house, in which she lives, ———ay as she has in the past without cost until the first day of January, 1945. If she wishes to continue in it in its present condition without any expenditure on the part of the Ba. consfield Park Commission, she may do so upon payment of $25.00 per month in advance with the privilege of giving it up upon thirty days written notice at any time that she desires. Should she not wish to use the building under these conditions, she is here and now requested to vacate it by January 1, 1945.” Quite a bit of discussion was had, regarding the improved condition of the property, the amount of shrubbery growing upon it and its condition, in a most favorable manner by the members of the Board. A motion was made by Mrs. Frederick Williams and seconded by Mrs. P. L. Hay that the Secretary, Dr. W. G. Lee, be requested to present the unanimous wish of the members of the Board to Col. A. O. B. Sparks, reciting under what conditions the City of Macon and the Bacons- field Park Commission would like to plan to build a swim. ming pool of big proportions upon certain parts of the property. If Col. Sparks is favorably impressed and feels disposed to secure the signature of the other heirs, granting their permission, we will immediately seek to carry out the plans. The motion was carried. The mayor said that as soon as laborers on the stockade were in sufficient quantity to install the pipe and the neces- sary work which he had previously agreed to do, if we would buy the pipe, that he would carry out and complete this project. There being no further business, the meeting adjourned. 260 Dr. W. G. Lez Dr. W. G. Lee, Secretary & Treasurer — — 261 [550] BACONSFIELD PARK COMMISSION TREASURER’S STATEMENT FROM Marcu 3, 1942 to DecemsBer 15, 1944 INCOME RECEIPTS Rents received from Wofford Oil Co. 2,210.00 Rents received from J. J. Bowen Fruit Stand 400.00 Check from City of Macon 1,500.00 Total receipts 4,110.00 INCOME DISBURSEMENTS Insurance paid to W. D. Griffith & Son 19.74 Paid to Central Ga. Nurseries 782.00 Paid to Davenport Guerry 50.00 Paid to Heard Brothers 277.68 Paid Railroad express 2.71 Paid to Bibb Concrete Pipe Co. 735.00 Bookkeeping fee to Bank 170.00 Total Disbursements 2,037.13 Receipts over disbursements /— 2,072.87 Cash on hand March 3, 1942 ~ 808.14 Cash on Hand as of December 15, 1944 $2,881.01 a 262 [551] May 30th, 1945 Meeting of the Baconsfield Park Commission was called to order by Chairman G. Glenn Toole in the Mayor’s Office, City Hall, at ten o’clock, with the following members present: Chairman G. Glenn Toole, Mrs. Tom Stewart, Mrs. Williams, Mrs. Dunwody, Mr. Herbert Smart, Sec’ty and Treas. W. G. Lee, Honorable Charles L. Bowden. Park-Keeper Cleveland James was present by invitation, Mrs. Stanley Elkan was invited to be present and present a matter in behalf of the Girl Scouts, but did not attend. This matter will be carried over until the next meeting, Minutes of the meeting of December 15th, 1944, together with an itemized statement from the Treasurer, W. G. Lee, were read and unanimously approved. Mayor Bowden made a verbal report on the progress of securing Federal appropriation to match a local fund to be furnished by the Mayor and Council of Macon for the purpose of building a swimming pool in Baconsfield Park. Correspondence between the heirs of Senator Bacon, City Attorney J. Ellsworth Hall, Mayor Charles Bowden, and W. G. Lee, Secretary of Baconsfield Park Commission, was read to the Board and ordered made a part of the minutes of this meeting as follows: “Macon, Georgia February 10, 1945 “Colonel A. O. B. Sparks Cfo Jones, Jones & Sparks Macon, Georgia | — [552] Dear Gus: At a meeting of the Baconsfield Park Commission held in the office of the Mayor, Charles L. Bowden, a resolution was passed appointing me, as secretary and treasurer of the Baconsfield Park, a committee of one to confer with you seeking your aid in getting the consent of the heirs of United States A. O. Bacon for the construction of a $200,000 swimming pool and the necessary appurtenances to be erected in Baconsfield Park, subject to such conditions as would meet with the approval of you as representative of the heirs and the Baconsfield Park Commission. The Mayor expressed a willingness to appropriate $100,- 000 from his post war fund, provided he could get the Federal Government to match this fund with a similar amount. He is ready and willing to make the approach to the Federal authorities, but before doing so, wishes to have the consent of the heirs of former Senator Bacon. The conditions surrounding the consent of the heirs and meeting with the approval of the Baconsfield Park Com- mission as nearly as I can comprehend them are about as follows : We would like to develop this property on the slope fac- ing the river beginning at a lone pine and running north or northwest to the first dirt road, leaving the W. G. Lee Boulevard. It is the intention of the Park Commission to build and develop as handsome a property, even including sun decks, as the funds permit. The Commission and the Mayor are both in agreement that the undertaking from the point of construction, as well as the control of the operation, will be permanently under control of the Baconsfield Park Commission; and that the net income [553] from its operation will be used 264 in further developing and maintaining the Baconsfielg property. Adequate parking facilities will be developed and the City will furnish to the Baconsfield Park Commission, police protection sufficient to see that it is handled in an orderly and becoming manner at all times. Since the Personnel of the Board is continuously composed of four ladies ang three men, we are confident that the control of it will always be of a very high standing. Since there are no other such facilities within the City and since this project would be only a fraction of a mile from the court house, making it easily and economi accessible to a large population, we feel that the future of the park’s ultimate development and usage will be greatly enhanced by this project. I personally think that such an arrangement would make possible a usage of the property eventually greater than even the donor comprehended when he so graciously arranged for a municipal ownership of this property. I would appreciate it very much if, at your convenience, you would supplement the facts I have enumerated, which occur to you as being necessary, and get the written consent of the heirs for this development and send it to me. The Mayor assures me that as soon as he receives it, he will proceed at once to see if he can get the $100,000 fund matched by the Government. Thanking you very much for the time you have given in the previous conferences regarding this project, and assur- ing you of my complete confidence in what it will do for the usage, enjoyment and permanent development of the prop- erty, I remain, Yours very truly, Dr. W. G. Lee.” — (554) “Macon, Georgia February 21, 1945 “Dr. W. G. Lee First National Bank and Trust Company Macon, Georgia Dear Doctor: I have not sooner replied to your letter of February 10, for the reason that I wanted to discuss with Ellsworth Hall, Jr., the provisions in the Will of the late Senator Bacon, with regard to Baconsfield and particularly with regard to my view that the construction and operation of a swimming pool under the conditions set forth in your letter would not be a violation of the terms of the bequest. I have done that and, as I understand it, Mr. Hall agrees with me that it will be entirely proper for the City to construct such a pool and for the Baconsfield Board of Managers to handle and to control and direct its operation in the manner outlined. As I stated to you the other day when you mentioned this to me, I can see no reason why the consent of the heirs of the testator should be obtained, nor can I see why it is desirable to obtain this consent. I think that Mr. Hall agrees with me in this, and my understanding is that the Mayor, Hon. Charles L. Bowden, no longer desires to obtain such consent, and I am, therefore, not endeavoring to obtain it as requested. I suggest that you confer with Mr. Bowden, and if I am wrong in my understanding, that you let me know. Sincerely, Gus.” CC: Mr. Ellsworth Hall, Jr.” Pe te — [555] “Macon, Georgia March 2, 1945 “Dr. W. G. Lee, Secretary and Treas. Baconsfield Park Commission First National Bank & Trust Company Macon, Georgia Dear Dr. Lee: Permit me to thank you for copy of letter from Mr, Gus Sparks in further reference about the swimming pool located in Baconsfield Park. At the last meeting of the Park Commission I believe they appointed you as their representative to handle this project with Mr. Sparks and with the City. If I am cor. rect in this will you please write a letter for the Park Commission addressed to the City of Macon asking them to sponsor the construction of a swimming pool in Bacons- field Park as we discussed then our Council Committee can work on the project and see if we cannot bring it to a successful conclusion. If the Board did not give you such authority, at the next meeting I will appreciate you getting the Board to give you the authority to write such a letter so that we might have such a request from the Board to commence on the project. With all good wishes, I am, Sincerely yours, Chas. L. Bowden.” — | [556] “Macon, Georgia March 6, 1945 “Mayor and Council City of Macon Macon, Georgia Gentlemen : The Baconsfield Park Commission at a recent meeting held in the City Hall, at which the Honorable Charles L. Bowden, an honorary member of the Board, was present, appointed me as @ committee of one to study the oppor- tunity for building a swimming pool for both chidren and adults in the park. They further requested that I confer with the Honorable Gus Sparks regarding the legality of our doing so. Mr. Sparks, after a study of Senator Bacon’s will and after a conference with city attorney, J. Ellsworth Hall, advised me that since all the net proceeds of said swimming pool would be under the control of the Baconsfield Park Commission and the expenditure of the entire net pro- ceeds would be used in further development of the park property with an annual accounting made to the Mayor and Council of the receipts and disbursements, he sees nothing to prohibit us from proceeding accordingly. A copy of the letter from Attorney Sparks can be seen in the Mayor’s office. As the appointed representative of the Baconsfield Park Commission, I request your Honor to take the necessary steps to make possible the much needed development for the benefit of the citizens of this City. Yours very truly, Dr. W. G. Lee Secretary and Treasurer ——y [557] Baconsfield Park Commission” Mayor Bowden reported that the installation of the sewer pipe would cost approximately $1600.00 and that if Baconsfield Park would share $500.00 of the cost, he would let the contract immediately. Mr. Herbert Smart made a motion that the Secretary and Treasurer, W. G. Lee, issue check for $500.00 and mail to Mayor Charles Bowden to be applied to the contract of Sam Hall & Sons for the in- stallation of this pipe. Motion was made by Mr. Herbert Smart and seconded by Mrs. Frederick Williams that the location just off of Lee Boulevard be adopted for the erection of the tablet in memory of former United States Senator A. O. Bacon. Secretary and Treasurer W. G. Lee recommended that such a part of $200.00 be appropriated for expenditure of bearded iris as was needed for planting the area in the rear of the tablet mentioned above. The committee ap- pointed by Chairman Toole was Mrs. Dunwody, Mrs. Williams, and Mrs. Stewart, aided by Park-Keeper James. Secretary and Treasurer W. G. Lee recommended that an area beginning at Curry Drive and extending as far up Nottingham Drive as needed be set aside for the instal- lation of playground equipment and that same be suffi- cient to comprehend the needs of children from the early ages on to maturity. Mayor Bowden and Park-Keeper James were requested to accumulate information about the type of playground equipment we should purchase and report to the Board at a subsequent meeting. Chairman Toole stated that due to impairment of his health, he preferred to not continue as Chairman of the Board or as member of the Board, and tendered his res- ignation. The entire Board expressed regret at the neces- sity on his part for this action, but upon his insistence, the — motion was put and carried, accepting same. A committee composed of [558] Mrs. Williams, MrsDunwoody, and | Mrs, Stewart was appointed for the purpose of drafting a resolution of appreciation for his long service, and re- quest was made that a copy be sent to Mr. Toole and to the Secretary Treasurer of the Board. Mr. Smart made a motion, which was seconded by Mrs. Stewart, that a meeting be called within the next two weeks for the purpose of electing a member to fill the vacancy caused by Mr. Toole’s resignation and to elect a Chairman of the Board. There being no further business, the meeting adjourned. 269 Secretary 270 [559] BACONFIELD PARK COMMISSION TREASURER’S STATEMENT FROM December 15, 1944 TO May 30, 1945 INCOME RECEIPTS Rents received frow Wofford Oil Company from De- cember 15, 1944 to May 30, 1945—January, Feb; March; April; May rents @ $65.00 $ 325.00 Rents received from J. J. Bowen Fruit Stand from December 15, 1944 to May 30, 1945—November ; De- cember ; January; Feb; March April; May @ $10.00 per month 70,00 Rents received from Mrs. Hedeman, 105 North Avenue from December 15, 1944 to May 30, 1945—January ; Feb; March; April; May @ $25.00 125.00 Total Receipts 520.00 Cash on hand as of December 15, 1944 2,881.01 $3,401.01 INCOME DISBURSEMENTS January 10, 1945 To Clark Memorial for marker 340.50 March 20, 1945 To Atlanta Tractor & Equipment Company 469.18 March 20, 1945 To Georgia Highway Express Co. 5.97 March 22, 1945 To W. D. Griffith & Son Insurance 6.19 Bookkeeping fee to Bank @ $5.00 per month, January thru May 25.00 Total Disbursements 846.84 Cash on hand as of May 30, 1945 $2,554.17 5-30-45 Approved 271 (560) Macon, Georgia November 1, 1945 A meeting of the Baconsfield Park Commission was held in the Mayor’s offices, with all members present except Mrs. Tom Stewart, who was unable to attend because of illness in her family. At the request of the Baconsfield Park Commission, Mayor Charles L. Bowden presided. Minutes of the previous meeting were read and approved. The Treasurer’s statement, covering the period from May 30, 1945, to October 31, 1945, wasO read and approved. The matter of equipment for both the playground and a soo was discussed at some length and Mayor Bowden was asked to find out how much of this equipment could be secured from the Surplus Property Board of the Federal Government. Resolutions, which had been prepared by Mrs. Frederick Williams and her Committee, on the death of former Chairman G. Glen Toole, were read. Upon proper motion by Mrs. Herbert Smart, seconded by Mrs. Kenneth Dun- wody, these resolutions were adopted and are hereto at- tached as a part of these minutes. The Board recommended that copies of these resolutions be sent to the members of Mr. Toole’s family and to the Mayor and Council of the City of Macon. Mayor Bowden reported that the tablet, which is to be erected in memory of former U. S. Senator A. O. Bacon, was ready and would be installed in the near future. Mrs. Dunwody reported that the bearded iris would be planted after the tablet had been placed. Mrs. Stanley Elkan, as commissioner of the Bibb County Girl Scout Council, addressed a letter to the Board, re- questing the privilege of building a Scout house in Bacons- field Park. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0143%3A01. Public record. Not legal advice.