Appendix — Evans v. Abney
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SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1968
No. 1106
E. S. EVANS, ET AL., PETITIONERS,
v8.
CHARLES E. NEWTON, 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 si J 1
Judge’s certificate to bill of exceptions = 4 4
Record from the Superior Court, Bibb oP
I ieccncscisetceesninsiaisteniinittinats 12 5
i ihcsinsscieselrapietiieinectedaeia da dasitcctensotkenetgoe itis came 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 _ a 47 82
Answer of defendants, Guyton G. Abney, J. D.
Crump, T. I. Denmark and Dr. W. G. Lee, as
SEMEN SUPUMIIINI: QIN seicetecsadncnecanscnsemensensiionancocinns 51 34
Motion for summary judgment ; 54 35
Motion of Rev. E. 8. Evans et al. ‘to intervene
I I sae toni cmens 56 36
NE SI iatactsceisaniscistbiinabisaiesipeanaed, 59 38
ii INDEX
Original Prin,
Record from the Superior Court, Bibb County,
Georgia—Continued
Amendment to plaintiff’s petition and order al-
lowing 6 4
Petition of A. O. B. Sparks, Willis B. Sparks, Jr.,
Virginia Lamar Sparks and M. Garten Sparks
for intervention and order allowing time 69 5
Amendment to answer and cross bill and order
allowing 72 6
Amendment to answer of City of Macon and
order allowing 76 50
Exhibit A—Resolution of the Mayor and Coun-
cil of the City of Macon adopted February 4,
1964 79 51
Exhibit B—Resignation of The City of Macon
as Trustee Under Will of Senator Augustus
Octavius Bacon 94
Amendment to intervenors’ petition and order
thereon 95 62
Order and decree 99 64
Resignation of The City of Macon as Trustee
Under Will of Senator Augustus Octavius
Bacon 101 66
Acceptance of trust 102 67
Clerk’s certificate (omitted in printing) ____ 103 67
Motion to amend bill of exceptions 105 67
Second motion to amend bill of exceptions ___ 110 69
Motion of Charles E. Newton, et al. to substitute
parties defendant-in-error 115 70
Exhibit “A”—Resignation of Board of Managers
of Baconsfield — 119 73
Exhibit “B”—Acceptance of Resignation of
Board of Managers; Appointment of New
Board of Managers and Acceptance of Ap-
pointment of New Board 120 14
Order granting motion to substitute parties de-
fendant-in-error, etc. 122 75
Motion to add parties defendant-in-error and to
deny defendants-in-error’s motion to substitute
Original Print
Order granting second motion to amend the bill of
exceptions, ete. 79
Order granting motion by Charles E. Newton et al.,
defendants-in-error, etc. ad En N 131 80
Opinion -...--- 132 81
Opinion, Almand, J. 141 a5
Judgment -...-- 147 89
Motion for rehearing .. 148 89
Certificate of probable cause for rehearing ........ 151 91
Order denying motion for rehearing ...................-- 153 92
Clerk’s certificate (omitted in printing) -....-..-..------- 154 92
Order extending time to file petition for writ of
certiorari -...---- 155 93
Order allowing certiorari 156 94
Opinion of Supreme Court of Georgia in Evans
et al. v. Newton et al. 131 95
Motion for summary judgment 136 98
Amendment substituting parties 143 105
Interrogatories -....----- 145 107
Answers to interrogatories 151 113
Response to motion for summary judgment by
intervenors ..- ‘ 157 119
Response to motion for summary judgment by
suecessor trustees . 161 123
Response to motion for summary judgment by
executors .... 164 125
Interrogatories : 166 127
Answer of Board of Managers .........--------------------- 172 133
Second set of interrogatories ..........- am a 182 142
Answer to interrogatories ... , 185 144
Depositions of Mayor, et al. 193 147
Intervenors’ supplemental response to motion for
summary judgment ....... / 371 242
Exhibit “B”—Minutes of meetings of Board of
Managers—Baconsfield ...........-------------+------0-"" 506 246
iv INDEX
Votume II
Excerpts from Exhibit “E”
Exhibit “F’”—Indenture dated February 4,
1920
Exhibit “G”—Indenture dated February 4,
1920
Amendment to motion for summary judgment—
Filed June 29, 1967 io.
Exhibit “A” annexed to foregoing .............
Exhibit “B” annexed to foregoing ..................
Exhibit “C” annexed to foregoing ...................
Exhibit “D” annexed to foregoing .................
Excerpts from resolution of Mayor and Council ....
Order making Attorney-General a party to case ....
Intervenors’ second supplemental response to mo-
tion for summary judgment
Affidavit of William H. Alexander
Exhibit “O”
Exhibit “P”
Exhibit “Q”
Exhibit “R”
Exhibit “S”
Exhibit “T”
Exhibit “U”
Exhibit “V”
Exhibit “K”
Exhibit “M”
Intervenors’ third supplemental response to motion
for summary judgment
hve ao SNe
Exhibit “X”
Exhibit “Y” :
Supplement to motion for summary judgment as
RE 2: SE a ee
§ eee
a EE ea Ue, rk CE OS eae GS
662
671
676
678
695
710
713
715
718
721
723
917
919
921
924
930
931
935
—
INDEX v
Original Print
Second supplement to motion for summary judg-
ment as amended 939 468
Exhibit “H” 941 470
Exhibit “I” 947 476
Exhibit “J” 949 478
Exhibit “K” 959 488
Exhibit “M” 963 491
Response by Attorney Gemeral to motion for sum-
mary judgment 975 502
Order and decree 999 517
Notice of appeal 7 531
Enumeration of errors 1106 532
Decision and opinion by Superior Court ................ 1112 537
Judgment 1127 546
Order granting stay ; ° 547
Order allowing certiorari ...................---.-c-c-csec-ssereeees . 548
* Not in original recordi.
347
$ [595] Excerpts rrom Exuisit “EK”
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National Archives and Records Service
Go ull to @hom these presents shall come, Greeting:
3 Certify That the attached copy, or each of the specified number of
ached copies , of the document(s) identified below is a true copy of a document
legal custody of the Administrator of General Services and deposited
the National Archives of the United States.
Records of the Worke Projects Administration, RG 69, selected
pages from Project Folders OP 65-34-1077 through 1096
(come pages mavoidably illegible).
twheresl, 1, ROBERT H. BAHMER, Archivist of the United States,
being duly authorized (41 CFR 101-7.106-3), have
hereunto caused the Seal of the National Archives
to be affixed and my name subscribed by the
Chief, Central Reference Staff
of the National Archives, in the District of Columbia,
this __239rd day of __sume 19__§7_.
/~3b- YH /thites
_ Archivist of the United States
er: BA 4 tech,
—
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ORATOR TONIC EOE
353
(650)
Exuuisir “F”
Deed Book 248 11
Srate oF Georcia, County oF Bras.
Tuts InDENTURE, Made and entered into this the 4th
day of February, 1920, between Richard C. Jordan, Samuel
B. Hunter, Custis Nottingham, as Trustees of the estate of
Augustus Octavius Bacon, parties of the first part, and
the city of Macon, party of the second part
WirnesseTH: That the said parties of the first part,
in consideration of the devise to the Mayor and Council
of the city of Macow. contained in the Will of Augustus
Octavius Bacon, of solemn probate in the court of Ordinary
of Bibb County, Georgia, and in consideration of the as-
sent of all heirs and legatees of said estate, as evidenced
by their writing under date of January ——-, 1920 hereto
annexed and made a part of this conveyance, and in fur-
ther consideration of the covenants of The City of Macon
to pay as a charge against said lands the sum of One
Thousand six hundred and sixty five ($1665.00) Dollars,
payable annually on the 4th day of February of each
year to grantors herein named during the natural life of
Mary Lou Bacon Sparks, said charge to cease and termi-
nate upon the death of the said Mrs. Mary Lou Bacon
Sparks, and in further consideration of the agreement on
the part of The City of Macon that no taxes or other
assessments which may accrue after this date against the
property herein conveyed shall be a charge against the
other property of said estate;
The Trustees do, for the consideration aforesaid, hereby
sell, convey and deliver unto the said The City of Macon,
its successors, a
354
All that tract or parcel of land lying and being in the _
county of Bibb, State of Georgia, containing one hundred
the hundred and seventeen and seven-tenths (117.7) acres,
more or less, and being just on the East side of the
Ocmulgee River, near the Spring Street Bridge, said prop.
erty lying on both sides of the public road or street, known
as Boulevard, Baconsfield and [651] being more partic
ularly described in Item Nine of the Will of Augustus
Octavius Bacon, of solemn probate and record in The
Court of Bibb County, Georgia,
Which description is hereby referred to and incorporated
as a part‘of this conveyance, and being more fully shown
by plat of said tract attached to said Will, and recorded
in Book F, Folio 354, in the Ordinary’s Office of Bibb
County, and a copy of which plat is hereto attached, and
made a part of this deed. These references to said Will
and Plats are made for the purposes of a more complete
description.
And the said parties of the first part, in consideration
of said foregoing stipulations and of the provisions of said
Will, do hereby convey to The City of Macon the following
personal property, to-wit:
Ten (10) Bonds, Nos. 584 to 593 inclusive, of the
Macon Railway & Light Company, each in the sum of
One Thousand ($1,000.00) Dollars, and bearing interest
at the rate of five (5) per cent, annually, payable semi-
annually, each of said Bonds having attached thereto all
coupons unmatured, and the following matures coupons;
coupons due in the month of July, 1919, and coupons due
in the month of January, 1920, and twenty five hundred
($2500.00) Dollars in cash, the avails of said Bonds, ac-
crued interest since death of the said Augustus Octavius
Bacon, collected by the said Trustees.
—
355
Ix ConsmperaTion of which the said The City of Macon
agrees to appropriate Six Hundred and fifty ($650.00)
Dollars annually for the improvement of said Park, said
gum being five (5) per cent. on the aggregate of Thirteen
Thousand ($13,000.00) Dollars thus covered into her Trea-
sury.
Ix Wiryess Wuenrezor the said parties of the first part,
as Trustees of the estate of Augustus Octavius Bacon,
have hereunto set their hands and affixed their seals the
day and year first above written.
[652] Signed, sealed and de- Samuel B. Hunter (LS.)
livered in the presence of: RR. C. Jordan (L.8.)
A Ethridge Custis Nottingham (L.S.)
Julia E. Greene, Notary As Trustees under last Will
Public, Bibb County, Ga. and Testament of Augustus
Octavius Bacon.
(For Plat see Book 83, Folio 248)
(Recorded Feb. 10, 1920)
ee NTE NE NE
Exuisir “F”
Starz or Georcia, County or Biss
CieRrx’s Orrice, Biss Superior Court.
I, James Murphy, Dep. Clerk of the Superior Court, g
court of record in and for said County, do hereby certify
that the foregoing 1 page contains a true and correct copy
of Deed from Trustees of the estate of Augustus Octaving
Bacon to City of Macon as recorded in Deed Book 248
Page 11 as the same appears of file and record in said
Clerk’s Office.
Witness my official signature and the seal of said Court,
this 2nd day of February, 1967.
/8/ James Murpuy,
Dep. Clerk, Superior Court
Bibb County, Georgia
(Superior Court Bibb County, Georgia)
(Seal)
357
(653)
Exuisit “‘@”
Deed Book 248, Page 16
Gzorcia, Biss County.
Tus Inpenture, Made and executed this 4th day of
February, 1920, between Custis Nottingham, party of the
frst part, and the City of Macon, party of the second
part;
WrrvesseTH: That the said Custis Nottingham is con-
sideration of the sum of Five Thousand, one hundred
($5,100.00) Dollars, to him this day cash in hand paid by
the City of Macon the same being the present cash value
of his occupancy of the dwelling house in the Park at
Baconsfield, and in consideration of the City of Macon
taking over all of said Baconsfield as a Park, and same
being fully described in conveyance from Richard C. Jor-
dan, et al., Trustees to the city of Macon, of even date
herewith, does remise, release and forever Quir Ciaim to
the said the City of Macon all right, title, interest and
equity he has in the premises so occupied by him under
Item Four (4) of the Codocil to the Will of Augustus Oc-
tavius Bacon, of solemn probate and record in the office
of Ordinary of Bibb County, Georgia.
It being Agreed and understood by and between the
parties hereto that the said sum of Five Thousand, One
Hundred ($5,100.00) Dollars represents the present cash
value of the interest of the said Custis Nottingham in
the property and premises herein described and conveyed,
being based on the right of occupancy of the said Custis
Nottingham to said premises under the terms and condi-
tions of the Will of the late Augustus Octavius Bacon,
358
deceased ; said expectancy being for a term of sixteen (16)
years.
And it is further agreed and understood that in the
event the possession of the property this day conveyed to
the said City of Macon by R. C. Jordan, et al. Trustees,
is ever retaken by the said Trustees, or their successors,
then, and in that event the said Custis Nottingham agrees
to accept from the said city of Macon a surrender of the
premises herein conveyed to it and to return to the City
of Macon the unearned portion of said Five Thousand,
One Hundred ($5,100.00) Dollars, [654] based upon a six-
teen (16) year expectancy.
The premises above referred to are the same occupied
at the date of the execution of said will by the said Custis
Nottingham and his family, and now occupied by them.
In Wirwess Wuenreor, I have hereunto set my hand and
affixed my seal the day and year first above written.
Signed, sealed and delivered in the presence of:
H. Budisill Custis Nottingham (LS.)
Julia E. Greene, Notary Public,
Bibb County Georgia.
($5.50 Revenue stamps cancelled)
(Recorded Feb. 13, 1920)
Exurir “G”
Srate or Gzorcia, County or Biss
Cieex’s Orricz, Briss Supezion Covrr.
I, James Murphy, Dep. Clerk of the Superior Court, a
court of record in and for said County, do hereby certify
that the foregoing 1 page contains a true and correct copy
of Deed from Custis Nottingham to the City of Macon as
recorded in Deed Book 248, Page 16 as the same appears
of file and record in said Clerk’s Office.
Witness my official signature and the seal of said Court,
this 27th day of April, 1967.
/8/ James Murpuy
Dep. Clerk, Superior Court
Bibb County, Georgia
(Superior Court Bibb County, Georgia Seal)
—
[662]
Iw roe Supznzion Court or Briss County
[Title Omitted]
AMENDMENT TO Motion ror SumMaARY JUDGMENT
—Filed June 29, 1967
Come now Guyton G. Asyey, J. D. Crump, T. I. Denuanx
and Dr. W. G. Lez as Successor Trustees under the Last
Will and Testament of Augustus Octavius Bacon, an?
tender this amendment to their motion for summary judg.
ment as previously filed:
1.
Movants tender this amendment in order to reflect that
their motion is based upon certain additional evidence by
way of affidavits and aerial photographs and a swimming
pool lease attached hereto.
2.
Specifically the additional evidence attached hereto con-
sists of the following:
(1) An envelope marked “Exhibit A” containing seven
aerial photographs of the Baconsfield area numbered “1”
through “7” on their reverse side and initiated by Frank
M. Willingham.
(2) An affidavit of Frank M. Willingham, Chairman of the
Board of Managers of Baconsfield, identifying the contents
of each of the seven photographs by number and also
identifying a lease of Baconsfield Pool, hereto as “Ex-
hibit B”.
361
(3) An affidavit of Ralp B. Jones, a commercial photog-
rapher, who took the aerial photographs and who identi-
fies them, attached [663] as “Exhibit C”.
(4) A lease of Baconsfield Pool from the Board of Man-
agers of Baconsfield to the City of Macon dated Decem-
ber 21, 1948 bearing the original signatures of officials of
those two bodies, this lease being attached as “Exhibit D”.
WuerzrorzE, movants pray that this amendment with its
accompanying exhibits be allowed and ordered filed of
record.
/8/ Jones, Sparks, Benton & Conk
Jones, Sparks, Benton & Cork
Attorneys for Movants
362
[664]
Exuzrr A
(See Opposite) &
a
[665]
(See Opposite) =
SS
[666]
(See Opposite) =
368
[667 ]
(See Opposite) &
370
[668]
ns ncaa
(See Opposite) =
372
[669]
(See Opposite) =
374
[670]
(See Opposite)
Exuisit “B”
Tue Superior Court or Biss County
[Title Omitted]
Arripavir In Support oF Motions ror Summary
JUDGMENT OF THE @ErRs oF Senator A. O. Bacon
anp Guyton ABNEY ET AL. aS Successor TRustegs
Unper Bacon’s WiLL
I am Frank M. Willingham. I live on Oakcliff Road ip
Macon, Georgia and am President of Willingham Cotton
Mills in Macon. I have served continuously as a member
of the Board of Managers of Baconsfield since about 1954,
I was elected Chairman of the Board of Managers of
Baconsfield at a meeting on May 21, 1964 to fill that posi.
tion upon the resignation of former Chairman Charles §,
Newton.
The purpose of this affidavit is to explain the contents of
seven aerial photographs of the Baconsfield area which I
understand are to be placed in evidence by Attorneys for
the heirs of Senator Bacon and trustees for certain other of
his heirs. I am familiar with the entire Baconsfield avea
because of my connection with the Board of Managers of
Baconsfield. In each of the seven aerial photographs I am
able to recognize without difficulty all or a portion of the
Baconsfield area. These photographs taken from different
angles seem to include the entire park area as well as to
show that part of Baconsfield which Senator Bacon left as
income producing property.
I am informed the photographs were taken by Mr. Ralph
B. Jones of Drinnon, Inc. on June 16, 1967, and information
stamped on the reverse side of these prints so indicates.
—
The seven photographs have been numbered “1” through
«7 in ink on their reverse sides, and I have placed my
initials beside the said numbers on each print.
377
| will now give some description of what is seen in each
of the seven photographs.
(672) Photograph numbered “1” is a view looking in a
generally southeasterly direction. About one inch up from
the bottom of the print and very near the center of the print
is an intersection of two streets. The street which runs
from that point up and to the left reaching the left margin
of the print at a point approximately six inches up from the
bottom of the same is Nottingham Drive. This street forms
hat may generally be described as the northeastern
boundary of the park area. The street which runs at right
angles to Nottingham Drive from the aforementioned inter-
section toward the right hand margin of the print is Park-
view Drive. It forms the northwestern boundary of the
park area. The street which comes into view six inches up
the left margin of the print and which goes out across the
bridge nearest the center of the photograph into the city
is known as North Avenue or Spring Street. It forms the
southeastern boundary of the park area. Southeast of that
street may be seen a cluster of buildings some of which
comprise the Baconsfield Shopping Center, which has pro-
duced income over the years for the upkeep of Baconsfield.
Beyond these buildings may be observed another street
known as Emory Highway. There is additional property
left by Senator Bacon for the purpose of raising income
for his park beyond Emory Highway i. e. southeast of it.
Three inches from the left end of the paper and two and
an eighth inches down from the top of the paper one may
observe the entrance from North Avenue of a paved street
into the Park which is known as Lee Boulevard. This street
378
may be observed proceeding in a northwesterly direction
parallel to Nottingham Drive and then curving sharply ty
the northeast and then dividing in two as it enters Notting.
ham Drive leaving a triangular section of grass. The center
of this triangle of grass is two inches from the left end of
the paper and four and a quarter inches from the bottom of
the paper.
[673] Just northwest of where Lee Boulevard comes int
Nottingham Drive there may be observed another roaq
running off of Nottingham Drive into the park area in the
lower foreground and coming across to dead end in Park.
view Drive. This is an unpaved dirt road.
Two other roads running through the park from Lee
Boulevard over to Parkview Drive appear. They are paved.
The double ribbon of concrete entering the picture from
the right margin at a point approximately three and one.
half inches up from the bottom of the paper is newly opened
Interstate Highway 16. Since Bacon’s grant for the park
extended in a southwesterly direction to the Ocmulgee
River, this Highway runs across land given in that devise,
It was acquired by condemnation. However, before the
construction of Interstate Highway 16 the area which has
now been raised to underlie the Highway was frequently
inundated by floodings of the Ocmulgee River so that the
developed part of the park never extended as far toward
the River a: the present position of Interstate 16.
Photograph numbered “2” is taken from practically the
same direction as photograph numbered “1” already dis-
cussed.
Photograph numbered “3” is a view of the park area
looking in a generally southwesterly direction. Notting-
ham Drive forming the northeastern boundary of the park
may be observed running across the print about two and one
379
quarter inches from the bottom of the paper. Beyond it
may be viewed in succession the Park, Interstate Highway
16, the Ocmulgee River and the City of Macon.
Photograph numbered “4” is a view looking in a gener-
ally northeasterly direction. The Ocmulgee River and
Interstate Highway 16 may be viewed in the foreground.
The street running vertically along the lower left hand of
the print about one half inch from the end of the paper is
Parkview Drive previously referred to as the northwestern
poundary of Baconsfield Park.
(674] Photograph numbered “5” is a view from the
southeast. The prominent road down the left hand side of
the print is Interstate Highway 16. The structure in the
park rather well centered in the photograph and about two
and one half inches up from the bottom of the paper is the
building known as the Woman’s Club. The street passing
under Interstate Highway 16 at the lower left corner of
the print is North Avenue or Spring Street. The street
intersecting Spring Street at about the middle of the print
and one and one-quarter inches up from the bottom of the
paper and running diagonally out of sight at the bottom
right hand corner of the print is the Emory Highway.
Bacon’s commercial area lies east or southeast of Spring
Street. The Baconsfield Shopping Center leased by the
Board of Managers to provide an income for the upkeep of
the park lies in a triangular area between Spring Street
and the Emory Highway. Other parts of Bacon’s commer-
cial property lie to the far side of Emory Highway from
the park and some portion of that property is shown in the
lower foreground in photograph “5”.
The entire area in photograph “5” lying between Spring
Street and the Emory Highway is not a part of the Bacons-
field Shopping Center. Rather the broad alley in the lower
380
right hand corner of the picture approximately two ang
three quarter inches from the right hand border of the
paper and running parallel with it separates Bacon’s income
producing property on the left from another unrelateg
shopping center to the right of that alley.
Photograph “6” is a view toward the west. The Bacons.
field Shopping Center leased by the Board of Managers
appears in the lower left hand corner in a triangular shape,
In the lower left corner there is discernible a sign reading
“Piggly Wiggly”. The alley just beyond that sign serves
as a division between Bacon’s triangular shopping center
and a similar project nearer the left hand bottom of the
picture.
[675] Finally photograph numbered “7” shows a view of
property lying southeast of North Avenue. In the center
of the photograph and approximately three and three quar-
ter inches from the bottom of the paper are the remnants
of Baconsfield Swimming Pool. This pool is located upon
what Bacon had designated as a portion of that property
to raise income to support his park. The circular roadway
passing in close proximity to the ruins of the pool is a
ramp to Interstate Highway 16.
A five page lease of this pool from the Board of Managers
of Baconsfield to the City of Macon dated December 21,
1948 was operative until May of 1964 when it was cancelled,
I have placed my initials on the top of the first page thereof
to identify it as the one I refer to and of which I have
personal knowledge. During the spring of 1964 the ramp
to Interstate Highway 16 was under construction, and heavy
road machinery was operating in close vicinity to the pool.
The pool was not opened in the summer of 1964 and has
not been opened since then.
381
I have read this five page affidavit in its entirety and it
is true and correct in every respect and, if need be, I could
and would swear under oath to the truth of its contents in
open court.
/s/ Frank M. Wiuiwenam
Frank M. Willingham
Personally appeared before me, the
undersigned, an officer duly author-
ized to administer oaths, Frank M.
Willingham, who having been placed
under oath has sworn that the con-
tents of the foregoing affidavit are
true and correct in every respect.
This 28 day of June, 1967.
/s/ H. V. Lamon (N. P. Seal)
Notary Public Residing in
Bibb County, Georgia
[676]
Exursit “CO”
Tue Superior Court or Briss County
[Title Omitted]
Arripavir 1s Support or Motions ror Summary
JUDGMENT OF THE Hers or Senator A. O. Bacon
anp Guyton ABNEY ET AL. aS Successor TrRusTezs
Unver Bacon’s Wi
I am Ralph B. Jones. I am now and have been for thirty.
five years a professional photographer. For nineteen years
I have been associated with Drinnon, Inc., a corporation
engaged in the business of photographs and photographic
engravings with a place of business at 481 Broadway in
Macon, Georgia. I am presently Vice President of Drinnon,
Inc. and manager in charge of photography.
During June, 1967, I was requested by Willis B. Sparks,
III, (whom I understand to be one of several attorneys rep.
resenting the heirs of Senator Bacon and the trustees for
certain other heirs) to take a series of aerial photographs
of Baconsfield including Baconsfield Park and that area
which Senator Bacon devised as income producing property
for the maintenance of Baconsfield Park. Mr. Sparks re-
quested that I take pictures from various angles in order
that all areas of Baconsfield might be observed in one or
more of the pictures.
In accordance with his request on June 16, 1967, I took
several aerial photographs, from different angles all from
an elevation of approximately 1,000 feet. The pictures were
taken with a 4 x 5 (film size) Super-Graphic camera. Ex-
posures were made at 1/500 of a second shutter speed with
a diaphragm opening of F.11. Also a K-2 haze filter was
used.
383
From un-retouched negatives a series of prints was made
at Drinnon, Inc. and on the | .ck of each print appears the
following language which serves to identify the photo-
graphs as the ones taken as above described:
(677] “Drinnon, Inc.
By Ralph Jones
481 Broadway
Macon, Georgia” “June 16, 1967”
It is my understanding that this affidavit and the photo-
graphs hereby identified are to be placed in evidence in the
Superior Court of Bibb County, Georgia as a part of fur-
ther proceedings in the above captioned case.
I could and would, if it were necessary, freely testify
under oath in open court to the truth of the facts contained
in this affidavit.
I have read this two page affidavit in its entirety and it is
true and correct in every respect.
/s/ Raps B. Jones
Ralph B. Jones
Personally appeared before me, the under-
signed, an officer duly authorized to ad-
minister oaths, Ralph B. Jones, who
having been placed under oath has sworn
that the contents of the foregoing affi-
davit are true and correct in every respect.
This 6 day of June, 1967.
/s/ Ean (Illegible) (N. P. Seal)
Notary Public Residing in
Bibb County, Georgia.
384
[678]
Exxuisit “D”
Gzorcis, Briss County
Tu1s Contract made and entered into this the 21 day of
Dec., 1948, between the Boarp or Manacers or Bacon
hereinafter sometimes referred to as the “Boarp”, the first
party, and the Crry or Macon, a Georgia municipal corpo.
ration, hereinafter sometimes referred to as “Tue Crry’,
the second party;
WITNESSETH:
That in consideration of the improvements now being
made by Tz Crry upon the swimming pool in Baconsfield,
and of the improvements which Tue Crry will hereafter
make thereon, and of the other covenants and agreements of
Tue Crry as hereinafter set out, the Boarp hereby leases
and grants unto Tue Crry, upon the terms and conditions
hereinafter set forth and for the period of time designated,
the following described real estate, to-wit:
DESCRIPTION OF PROPERTY:
All that tract or parcel of land situate and being in
the East Macon District of Bibb County, Georgia, and
in that portion of the tract of land known as Bacons-
field, devised to the City of Macon as Trustee, by A. 0.
Bacon in his last will and testament, lying easterly of
Boulevard Baconsfield and also easterly of Emory
Drive, upon which is located the swimming pool and
adjacent buildings, recently constructed upon such por-
tion of Baconsfield, and known as Baconsfield Pool
The tract of land herein specifically demised is more
fully shown upon a plat hereto attached and made a
part of this contract and designated thereon as “Swim-
ming Pool Area”, to which plat reference is made for
of
the purpose of a more complete and accurate descrip-
tion.
385
(679] Tenm or Lease:
This lease shall commence as of the first day of April,
1948, and terminate at midnight of March 31st, 1950.
If the City is not in default hereunder, then this lease
shall automatically be renewed, in accordance with all of
its terms and provisions, for similar successive terms of
two years; provided that either party may terminate this
renewal provision, during either the designated term or
any [680] succeeding term, by serving written notice upon
the other at least six months prior to the termination date
of the then current term, of its desire to terminate such
provision, in which event the contract shall be of no further
force or effect after the termination date of such current
term.
The foregoing provisions shall not be construed as affect-
ing in any way the right of the Boarp, upon the breach by
the City of any of its covenants, to terminate either the
original term or any succeeding term, as hereinafter pro-
vided.
Use or PREMISES:
Said premises are to be used by THE Crry exclusively for
the operation of the said swimming pool, as a part of the
pleasure and recreational facilities of Baconsfield, for the
enjoyment and benefit of the beneficiaries of the trust for
Baconsfield, as set up and established in the said last will
and testament of the said A. O. Bacon, deceased, and also
for other persons who are or may be admitted to Bacons-
field.
386
Tue Operation oF Toe Swimmine Poo.:
Tue Crry shall conduct the said swimming pool, through
such agents and servants, and in such manner and for sy
periods of time during the term of this lease as within its
discretion is deemed appropriate, subject only to the powers
of the Board of Managers of Baconsfield, as set forth ip
the Ninth Item of the said will of A. O. Bacon, and most
particularly subject to the “restrictions, government, map.
agement, rules and control of the Board of Managers”, and
to such regulations and rules for the use and enjoyment of
Baconsfield as said Boarp may adopt and make applicable
to all of Baconsfield.
RENTAL:
It is understood and agreed that Tue Crry shall make
charges to those who use the swimming pool and the swim.
ming pool area as it desires, such charges being made for
the purpose of [681] carrying on a successful operation of
such swimming pool.
It is further agreed that in the conduct of such opera-
tion, the rental which the Boarp obtained from Johnny
Smith, of Bibb County, Georgia, under and by virtue of
the contract entered into between the Boarp and Johnny
Smith, a copy of which is hereto attached, together with
any rental or remuneration which the Boarp may receive
by virtue of any other concession or lease which it may
grant or make to any other person, in the event the within
contract with Johnny Smith is terminated prior to the end
of the term thereby granted, shall be pooled with the income
obtained by Tue Crry from the operation of the swimming
pool and iae swimming pool area, and after the deduction
of the expense of the operation, the balance remaining, if
any, shall then be divided equally between Tue Crry and
the Boarp.
—
In the event that there is any loss resulting from the
operation of the said swimming pool and swimming pool
area, by Tae Crry, such loss shall be borne by Tue Crry,
so that in no event shall the Boarp be required to contrib-
ute to such operation anything other than the net rental
or net income from the concessions and leases above re-
ferred to.
387
Covenants of the City:
Tue Crry covenants and agrees with the Board:
(1) That it will open the said swimming pool as soon
as it has been completed and operate the same during sea-
sonable weather throughout the balance of the term of
this lease.
(2) That it will comply with the provisions of the said
Trust for Baconsfield and with such restrictions, rules and
regulations for the use and enjoyment of Baconsfield, as
the Boarp may from time to time, adopt and make appli-
cable to all of Baconsfield.
(3) That it will make no sub-lease nor grant any [682]
concession for the sale of any article or the operation of
any amusement device upon the demised premises, or oth-
erwise in connection with the operation of the swimming
pool, nor permit any act to be done or performed which
will adversely affect the rights of the lessee in the attached
contract, or the rights of the Boarp with respect to the
granting of any subsequent lease upon or concession in
that area shown upon said plat and designated as “Re-
freshment Concession”, nor with the grant of any conces-
sion by the Boarp upon any portion of Baconsfield which
lies east of Boulevard Baconsfield and Emory Highway.
(4) That it will on or before December 1st of each year
during the term of this lease, furnish THe Boarp with an
388
accounting of all receipts and disbursements for the periog
terminating with September 30th of such year.
In the event that it breaches any of its covenants, num.
bered 1 to 4, inclusive, and fails to correct such breach
within five days after written notice thereof, to the Mayor
of the City of Macon, then the Boarp shall have the right
to immediately terminate this contract, assume possession
and control and management of the swimming pool and the
swimming pool area, in which event all rights of Tue Crry
hereunder, except such rights as it may have with regard
to the net revenue earned to the date of such termination,
shall cease and determine.
In Wirvess Wueneor, the parties hereto, acting by and
[683] through their respective duly authorized officers,
have hereunto set their hands and affixed their seals the
day and year first above written.
Boarp or Manacers or Baconsrretp
/s/ Ds. W. G. Lez
Chairman
Attest: , C. E. Newron, Jr.
Secretary
Tue Ciry or Macon
/s/ (illegible) B. Wizrson
Mayor
/s8/ Viota Ross Napier
City Clerk
(Crry or Macow Szar)
wa—,
686)
ate Copy or Excerpt rrom Reso.tution or Mayor anp
Counc, or Crry or Macon apoprep Juty 22, 1947
Filed June 29, 1967.
{[EmsBieo }
389
CITY HALL
Crry or Macon
GEORGIA
June 27, 1967.
Now, Tuererore, Be Ir Reso.ven, that the Treasurer of
the City of Macon immediately deliver to the Board of
Managers of Baconsfield, either in cash or in securities,
or in both cash and securities, the said fund of One
Hundred Thousand ($100,000.00) the same to be held by
the Board of Managers of Baconsfield in separate fund
and used by such Board solely for the construction of
said pool, with its adjacent buildings and accessories.
I do hereby certify the above is a true and correct
excerpt from Resolution of Mayor and Council of
the City of Macon adopted July 22, 1947.
Witness my hand and seal of the City of Macon
this 27th day of June, 1967.
/s/ Avex B. Cameron
Alex B. Cameron,
Clerk of Council.
(Crry or Macon Sgau)
In addition $40,000.00 was appropriated by Mayor and
Council by ordinance adopted December 23, 1947 for
the year 1948 for the Recreation Department to con-
struct bath houses.
Frzp 1 OFrrice
29th day of June, 1967
/s/ Laan Lavine
Deputy Clerk
390
[687]
In THe Superior Court or Briss County
(Title Omitted]
Orpen Maxine AtTrorNEyY GENERAL A Party To Cage
—Filed July 21, 1967
The above captioned case having come back to this
Court on remand from the Supreme Court of Georgia
for further proceedings and a hearing having been held
on June 29, 1967, on a motion for summary judgment
filed on behalf of the heirs of the late Senator A. O. Bacon
and counsel for the heirs, for the intervenors E. S. Evans,
et al., for the Board of Managers of Baconsfield and suc.
cessor trustees in lieu of the City of Macon formerly ap.
pointed by this Court and for the City of Macon all being
present and all having been heard in open Court and it
being made to appear that the Attorney General of Georgia,
Honorable Arthur K. Bolton should be made a party to
this case pursuant to Georgia Code Section 108-212 (Acts
1952, pp. 121, 122; 1962, p. 527);
Ir Is THEerEForE Now OrpErED anp ApsupcED that the
Attorney General of Georgia in his official capacity is by
this Orper made a party to this case. Let a copy of this
Orper together with copies of the following materials be
forthwith served upon the Attorney General:
[688] (1) A Xerox copy of the record in the case of
Evans v. Newton as it was printed for the
Supreme Court of the United States (including
therein the decision of the Georgia Supreme
Court sought to be reviewed).
(2) A copy of the motion for summary judgment
by Guyton Abney, et al. as successor trusiees
under the Will of A. O. Bacon and an Order
—
(3)
(4)
(5)
[689] (6)
391
of Bibb Superior Court dated November 10,
1966, allowing it to be filed of record.
A copy of a document entitled, “Response to
Motion for Summary Judgment filed by Suc-
cessor Trustees under Will of Augustus Oc-
tavius Bacon,” such document being filed on
behalf of Rev. E. S. Evans, et al., intervenors
with a certificate of service dated January 12,
1967, and signed by Attorney William H.
Alexander.
An unheaded document with a certificate of
service dated January 16, 1967, signed by At-
torney George C. Grant, filed as a response
by the successor trustees in lieu of the City
and the Board of Managers of Baconsfield to
the motion for summary judgment.
A document entitled, “Response to Motion for
Summary Judgment filed by successor trustees
under Will of Augustus Octavius Bacon,” such
document being filed on behalf of Willis B.
Sparks, Jr. and others as the “Sparks heirs”
of Senator Bacon. This document bears a cer-
tificate of service signed as of January 13, 1967.
A 36-page copy of the record of the hearing in
Bibb Superior Court before Judge Oscar L.
Long held on June 29, 1967.
Ir Is Heresy Orperep that said Attorney General shall
have 30 days from receipt by him of these materials and
a copy of this Orper in which to make any written response
by way of pleadings as he shall deem appropriate. He
may make application to this Court within the 30 day
period for an extension of time if he should deem it neces-
sary or appropriate to do so.
meee EOI LL,
392
It is contemplated that counsel for one or more of the
parties will confer with the Attorney General or some
attorney on his staff as to the nature of these proceedings,
the Attorney General being a newcomer to a rather lengthy
case with a voluminous record.
[690] Counsel for the heirs of Senator A. O. Bacon are
hereby Directep to make available to the Attorney Genera]
such copies of such mterials as he after consideration feels
he would wish to have for his consideration. Of course,
any counsel representing any party to the case may pro.
vide the Attorney General with copies of any parts of the
record he feels the Attorney General should have at his
disposal.
There shall be no future oral hearing or argument unless
one shall be expressly requested of this Court by the At-
torney General or some assistant acting on his behalf
within 30 days of the receipt by him of the Orpen of this
Court making him a party to the case.
Let the Attorney General of Georgia sign an acknowl-
edgment of service of this Orpen and accompanying mate-
rials as specified herein and immediately transmit it to the
Clerk of Bibb Superior Court so that it may be filed of
record. Let a copy of this OrpEer be served upon all counsel
of record in this proceeding.
Ir Is So Onpvenep this 21st day of July, 1967.
/s/ O. L. Lone
O. L. Lone
J.8.C.M.C.
/8/ Lituan Lavine
Deputy Clerk
Frizp 1n OFFICE
21st day of July, 1967
wv,
393
[695]
Ix tHe Superior Counr or Biss County, Gzorcia
[Title Omitted]
Inrenvenors’ SeconD SuPPLEMENTAL RESPONSE TO Motion
For Summary JUDGMENT FED BY Successor TRUSTEES
Unper THE Witt or A. QO. Bacon—Filed June 29, 1967
Come now, Rev. E. 8S. Evans, Lous H. Wynne, Rev. J. L.
Key, Rev. Booker W. Campers, Wiliam Ranpau and
Rev. Van J. Matoneg, intervenors, who file this Second
Supplemental Response to the Motion for Summary Judg-
ment filed by the successor trustees under the will of A. O.
Bacon, and show the Court the following:
aie.
That attached hereto amd incorporated herein by refer-
ence, are the following exhibits:
(a) Exhibit J—Affidavit of William H. Alexander, at-
torney for intervenors.
(b) Exhibit K—Certified copy of records of the Work
Projects Administration, Record Group 69, Microfilmed
Project Folders, Georgia: Selected Documents from the
Project Folder Relation to Official Project 665-34-2-164
(Roll 236-W).
(c) Exhibit L—Certified copy of records of the Work
Projects Administration, Record Group 69, Selected pages
from the Microfilmed Project Ledgers for Georgia re sting
to Official Project 665-34-2-164 (Roll 69W).
[696] (d) Exhibit M—Certified copy of records of Work
Projects Administration, Record Group 69, Microfilmed
Project Folders, Georgia: Selected Documents from the
394
Project Folder relating to Official Project 65-1-34-52 (Roll
2990W).
(e) Exhibit N—Certified copy of records of Work Proj.
ect Administration, Record Group 69, Selected pages from
Microfilmed Project Ledgers for Georgia relating to Off.
cial Project 65-1-34-52 (Roll 71W).
(f) Exhibit O—Certified copy of excerpt from minutes
of the City Council of the City of Macon dated February
3, 1920.
(g) Exhibit P—Certified copy of excerpts from minutes
of the City Council of the City of Macon dated February
17, 1920.
(h) Exhibit Q—Certified copy of excerpt from minutes of
the City Council of the City of Macon dated July 21, 1936.
(i) Exhibit R—Certified copy of excerpt from minutes
of the City Council of the City of Macon dated June 21,
1938.
(j) Exhibit S—Certified copy of excerpt from minutes of
the City Council of the City of Macon, constituting the
City Budget for 1939, dated January 10, 1939, page 30.
(k) Exhibit T—Certified copy of excerpt from minutes
of the City Council of the City of Macon, constituting the
City Budget for 1939, dated January 10, 1939, page 31.
(1) Exhibit U—Certified copy of excerpts from minutes
of the City Council of the City of Macon, constituting the
City Budget for 1940, dated December 26, 1939, page 199.
[697] (m) Exhibit V—Certified copy of excerpt from
minutes of the City Council of the City of Macon dated
July 15, 1947.
—
395
~~
A certificate of the Clerk of the City Council of the
City of Macon dated June 27, 1967, and pertaining to reso-
lutions of the City Council of July 22, 1947, and December
93, 1947, was offered into evidence and admitted without
objection in open court at the hearing in this case on June
99, 1967. (See transcript of hearing page 31.) For pur-
poses of the record that document is hereby designated as
Exhibit I.
—3—
The Baconsfield Clubhouse, a building located in Bacons-
field Park was erected with the assistance of federal funds
totaling approximately $16,512.80 furnished by the Works
Progress Administration, an agency of the United States,
in accordance with two projects sponsored by the City of
Macon acting with a group known as the Woman’s Club
House Commission as more fully reflected in Exhibits J;
K, L, M, N and RB attached hereto. In its applications
for federal funds for this project, the City of Macon, by
its Mayor and Treasurer, executed numerous documents
constituting agreements, assurances, certificates, represen-
tations and contracts, which are contained within Exhi-
bits K and M. The City repeatedly represented to the
United States, inter alia, that it was sole owner of the
Baconsfield Park property, that its ownership was per-
petual, that there were no reversionary or revocation
clauses in the ownership documents, that the property was
not private property, and that the proposed project was
for the use [698] or benefit of the public. In a sworn cer-
tificate executed under oath by the Mayor and Treasurer
of the City of Macon on October 14, 1938, and quoted in
full below, the City promised that there would be no dis-
crimination against any group or individual in the use of
396
the property and that the City did not intend to release
jurisdiction of the property during its useful life. The
entire certificate, which is contained in Exhibit K attacheg
hereto, reads as follows:
“With reference to Works Progress Administration
Project Application State Serial No. 6586, this is to
certify that the proposed building referred to in plans,
specifications and other data submitted to support the
project applications, as ‘Baconsfield Club House’ will,
upon completion, be used as a community club honse
for the general use and benefit of the public at large,
without discrimination against any individual, group
of individuals, association, organization, club or other
party or parties who may desire the use of the building
and the property upon which the building is located,
“Tt is further certified that the City of Macon, as proj-
ect sponsor and owner of the property upon which
the building is to be constructed, does not intend to
lease, sell, donate or otherwise convey title or release
jurisdiction of the property together with improve-
ments made thereon, during the useful life of the
improvements placed thereon through the aid of W.
P. A. funds.
“Tt is further certified that the City of Macon, as proj-
ect sponsor, will be responsible to see that the property
together with the improvements made thereon will be
maintained for the general use and benefit of the pub-
lic, and will not be [699] used for the profit or
benefit of any one individual or specific group or
organization; and the management of the property,
together with improvements made thereon, will at all
times be subject to the approval of the designated
city official or officials of the City of Macon who will
—,
397
be responsible to see that the foregoing certification
is adhered to.”
/s/ Cuartes L. Bowpen
Mayor, City of Macon, Georgia
/s/ Frank Branan
Treasurer, City of Macon, Georgia
Sworn to and subscribed before me
this 14th day of October, 1938.
/s/
Notary Public
Bibb County, Georgia
[700] Another certificate or agreement containing as-
surances that the property would not be disposed of to
any private individual and would be operated for the
benefit of the general public, dated September 7, 1938,
was executed by the Mayor and Treasurer of the City of
Macon and by the President and Treasurer of the Women’s
Club House Commission, and is a part of Exhibit M, at-
tached hereto.
It would be a violation of intervenors’ rights under the
due process and equal protection clauses of the Fourteenth
Amendment, as well as a violation of their rights under
the federal statutes pursuant to which the Works Pro-
gress Administration furnished funds for Baconsfield Park,
i, ¢., the several Emergency Relief Appropriations Acts
enacted by the Congress in 1935, 1936, 1937, 1938 and 1939,
for the court to grant the relief requested by the successor
trustees’ motion for summary judgment, and for the court
to refuse to order the continued operation of Baconsfield
as a public park maintained without racial discrimination.
mgr TENET
—
On February 3, 1920, the City of Macon entered into ap
agreement with the Executors and Trustees of the Estate
of Senator A. O. Bacon, with the written assent of all
legatees and beneficiaries of the estate, by the terms of
which the trustees deeded all of the Baconsfield Park
property together with certain bonds and accumulated ip.
terest to the City of Macon, in consideration of various prom.
ises of the City to pay an annuity of $1,665 per annum to
the trustees during the life of Mrs. Mary L. Bacon Sparks,
The terms of the agreement are set out in Exhibit 0 at.
tached hereto. By deed executed February 4, 1920, [701]
and recorded February 10, 1920, in the Clerk’s office of the
Bibb Superior Court in Deed Book 248, page 11 (which
deed has heretofore been filed herein as Exhibit F), all
interests of the trustees and heirs and legatees of Senator
Bacon was conveyed to the City of Macon. The City paid
to the trustees under the will of A. O. Bacon the agreed
annuity for 25 years from 1920 until the death of Mrs.
Mary L. Bacon Sparks in April 1944, that is a total of
$41,625.
On February 3, 1920, the City of Macon, also entered
into an agreement with Custis Nottingham, one of the
executors and trustees under the will of A. O. Bacon,
wherein Nottingham agreed to surrender his occupancy of
a residence at Baconsfield in return for a cash payment
from the City of $5,100. The City appropriated this amount
and paid it to Custis Nottingham. (See Exhibit O, attached
hereto.) Custis Nottingham, by quit claim deed conveyed
all his interest in the said Baconsfield Park property to
the City of Macon. The said deed, previously filed herein
as Exhibit G, was executed February 4, 1920, and recorded
February 13, 1920, in the Clerk’s office of the Bibb Superior
Court in Deed Book 248, page 16.
399
In view of the foregoing the successor trustees under
the will of A. O. Bacon, and all legatees and beneficiaries
of the estate of of A. O. Bacon, are estopped from claiming
any right, title or interest in the Baconsfield trust prop-
erty, and from claiming the relief sought in the successor
trustees’ pending motion for summary judgment. Inter-
yenors also rely upon these facts and circumstances in
connection with their opposition to the grant of relief
sought by the motion for summary judgment based upon
the Fourteenth Amendment to the Constitution of the
United States.
aiiting
[702] An application of the reverter doctrine or other
doctrine finding a failure of the trust on the facts of this
case would amount to a judicial sanction which imposed a
penalty because the agencies managing Baconsfield Park
fulfilled their Fourteenth Amendment obligation to operate
the park on a racially nondiscriminatory basis. The use of
such a judicial sanction in these circumstances would vio-
late the intervenors’ rights under the due process and
equal protection clauses of the Fourteenth Amendment to
the Constitution of the United States.
_
The due process and equal protection clauses of the
Fourteenth Amendment to the Constitution of the United
States require that the racially exclusionary words of
Senator A. O. Bacon’s will relating to Baconsfield Park
be treated by the courts as pro non scripto as though
they were never written. This is required, firstly, because
the racially exclusionary terms were written in the will to
conform to racially exclusionary suggestions and require-
ments of Georgia Code Section 69-504 (Georgia Acts 1905,
p. 117). The racial portions of Section 69-504 are void
under the Fourteenth Amendment, and indeed were void
400
ab initio even under the “separate but equal” doctrine, by
authorizing the total exclusion of Negroes from public
parks, and thus must be regarded as pro non scripto,
Secondly, it is required because by the City’s acceptance
of the park, pursuant to Georgia Code Section 69-505
(Georgia Acts 1905, pp. 117-118), and its operation of the
park in accordance with Bacon’s will, the will was made a
part of the City’s own laws governing the operation and
use of the park, and is to be [703] treated in the same
manner as if the racially exclusionary words appeared in
a city ordinance.
om
There is a public easement in the Baconsfield Park land,
as in the case of a “commons,” which exists separate and
apart from the City’s legal title as trustee, and which may
not be defeated or affected by the termination of the trust.
The Baconsfield Park property was dedicated to the
public and the dedication was accepted, thus the property
may not now be appropriated for private use.
To grant the relief sought by the successor trustees
would be a violation of Georgia Code Section 85-410, which
provides as follows:
85-410. Dedication lands to public use, effect of —
If the owner of lands, either expressly or by his acts,
shall dedicate the same to public use, and the same
shall be so used for such a length of time that the
public accommodation or private rights might be ma-
terially affected by an interruption of the enjoyment,
he may not afterwards appropriate it to private pur-
poses.
a
The City of Macon has not offered any justification for
its request for permission to resign as trustee of Bacons-
—
401
field except in its inability to conform to the racially ex-
dusionary portions of the will of Senator Bacon. The
City Council has not taken any further action renewing
its request to resign as trustee subsequent to the decision
of the United States Supreme Court in this case. Further-
more, the provisions of Senator Bacon’s will plainly con-
templated that the Mayor and [704] City Council of Macon
should select a successor trustee if the City was legally
unable to continue as trustee. The referenced portions of
Senator Bacon’s will, which appear in item 10th of the
will (at page 24 of the record as printed for use in the
Supreme Court of the United States), are as follows:
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 throught appropriate legislation, I direct
that the powers herein expressed be conferred upon @
trustee to be selected by the Mayor and Council of
the City of Macon, with such safeguards and restric-
tions as may be prescribed by them for the perpetual
safekeeping and mangement of the fund. And I give
a similar direction if for any reason it should be
held that the Mayor and Council of the City of Macon
have not the legal power under their charter to hold
in trust for the purposes specfied the property desig-
nated for said park and pleasure ground, unless said
required power is conferred by appropriate legisla-
tion.
gin
By virtue of all the facts and circumstances presented on
the record of this case the City of Macon has so invested
the Baconsfield Park with a public character, and the City
402
has become involved to such an inextricable extent, that
it would be a violation of the intervenors’ rights under the
due process and equal protection clauses of the Fourteenth
Amendment for the state courts to apply any state lay
doctrines [705] (whether relating to trust law, the law of
dedication, real property law, or other principles), so as
to defeat the rights of the intervenors to racially nop.
discriminatory use and access to the park as a public park.
[706] Wuenerorz, intervenors pray that this Court:
(a) Grant them the relief heretofore prayed in their
Response and in their Supplemental Response to the
Motion for Summary Judgment;
(b) Enter an order which will assure and protect their
right to racially nondiscriminatory use and access to
Baconsfield Park and all its facilities; and
(c) Grant them such other and further relief as to this
Court may seem just and proper.
This 9th day of August, 1967.
/s/ Wriu1am H. ALEXANDER
WuuuMm H. ALexanper
859% Hunter St., N. W.
Atlanta, Georgia 30314
Jack GREENBERG
James M. Nasazrr, III
10 Columbus Circle
New York, New York 10019
Attorneys for Intervenors
(Certificate of Service Omitted in Printing.)
Exurir “J”
Arriavit or Wau1am H. ALEXANDER
Gzorcia, Fuuron Counry.
J, Wou1am H. ALEXANDER, one of the attorneys for Rev.
E. S. Evans, et al., intervenors in the case of Charles E.
Newton, et al., v. City of Macon, et al., Bibb Superior
Court, Case No. 25864, being duly sworn, depose and say:
1. That on June 29, 1967, I made an inspection of, and
a personal visit to, the inside of the Woman’s Clubhouse
located on Baconsfield Park in the City of Macon, Georgia.
9. That I was accompanied on said inspection by James
M. Nabrit, III, Esq., one of the attorneys for said inter-
venors.
3 That at the time that I made the said inspection I
saw two plaques bolted to one of the walls inside of the
said clubhouse.
4. That the following are exact copies of the informa-
tion or wording contained on each of the plaques:
Plaque No. 1:
“Baconsfield Woman’s Club
Erected 1939
By Macon Women’s Club
Pilot Club
Business and Professional Women’s Club
With Assistance From
Works Progress Administration
Building Committee
Kate Crump Booth
Odessa Pierce Williams
Mamie Walton Vinson
Ellamae Ellis League
Architect”
[709]
Plaque No. 2:
“Built by
Works Progress
Administration
1939”
This 7 day of August, 1967.
Wiiuiam H. ALEXANDER
William H. Alexander
8591%_ Hunter St., N. W.
Atlanta, Georgia 30314
Subscribed and sworn to before me,
this 7th day of August, 1967.
Aurce M. Lewis
Notary Public
(N. P. Seal)
Notary Public, Georgia State at Large
My Commission Expires June 24, 1968
—
(710)
Exuisit “O”
_ February 3, 1920—Pages 106-107
The following resolution by alderman Merritt and unani-
mously adopted after an explanation of the same made by
the Mayor:
“Be it resolved by the Mayor and Board of Alderman
of the City of Macon, that the Mayor be and is hereby,
authorized in behalf of the City of Macon to make and
enter into a contract with the Executors of the Estate of
A. O. Bacon, deceased, to take possession of the property
known as “Baconsfield” upon the terms and conditions as
set forth in the communication this day submitted to this
Council by R. C. Jordan and Curtis Nottingham, Execu-
tors and Trustees of the Estate of A. O. Bacon, deceased.
“Be it further resolved that the Mayor be, and is hereby,
authorized to make and enter into a contract with Custis
Nottingham to secure the possession of the house now oc
cupied by said Custis Nottingham on said property known
as ‘Baconsfield’, said Custis Nottingham under the terms
of said contract shall surrender and terminate any and all
rights that he may now have—, or hereafter acquire, to
the occupancy of said house or any of the property used in
connection with his occupance of said house.
“Be it further resolved that the said Custis Nottingham
shall be paid a sum not in excess of $5,100.00 as full and
final payment and settlement of his surrender of said
premises, and the termination of such rights of occupancy
as he may hold to said premises, and that the sum of
$5,100.00 be, and is hereby, appropriated for said purpose.”
The following communications were accompanied by said
resolution :
cenit ETL
406
“To the Honorable Mayor and Council of the City of
Macon:
“We beg to advise that we will assent to your immediate
possession of the tract known as ‘Baconsfield’, devised by
Senator Augustus O. Bacon to you as a park. This assent
is predicated upon the signed agreement executed by all
of the legatees and beneficiaries of the estate that yon ac
count to us in the amount of $1,665.00 annually as the
rental value of said property [711] during the life of Mrs.
Marilu Bacon Sparks.
“At the time of delivering possession of this property
to you, we will also deliver to you, under terms 9 and 10
of said will, $10,000.00 in Five Per Cent. Macon Railway
& Light Company Gold Bonds and accrued interest thereon,
amounting to approximately $3,000.00, the aggregate of
which you will cover into your Treasury for the improve-
ment of said park, executing to us an agreement as to
future appropriations for maintenance of park or at least
five per cent annually on said sum of $10,000.00 in five
per cent. gold bonds, plus five per cent. interest on the
amount of accrued interest at the dates said sums are
delivered.
“Tt is also understood that the other estate of Senator
Bacon will not be charged with taxes or other assessments
of any nature or kind against this property accruing after
this property is delivered to you.
“As this Park will not only be of immense benefit to
the City, but is established by the Senator as a memorial
to his deceased Boys, we assure you of our earnest desire
to expedite its enjoyment and improvement.
(Signed) R. C. Jorpan
Custis NorrincHaM
Executors and Trustees of the Estate of
Senator A. O. Bacon.”
_ ———
407
“To the Honorable Mayor and Council of the City of
Macon :
“In consideration of your taking over the property at
BaconsFIELD devised as a Park, I hereby agree that my
occupancy of the residence on same will be adjusted and
terminated on the basis agreed upon between the Mayor.
the Ctiy Attorney and myself, to-wit: Fifty One Hundred
($5100.00) Dollars.
“You may, at any time within fifteen days from this
date, exercise this option and take over said residence.
(Signed) Custis NorrTincHaM.”
[712] I, Alex Cameron, Clerk of the City of Macon, Cer-
tify that the resolution and communications on the attached
page are accurate statements of the official minutes of
the City Attorney and myself, to-wit: Fifty One Hundred
Minutes of the Council dated February 3, 1920, Pages
106-107.
(Signed) Auex B. CaMERoN
Alex Cameron
Clerk, City of Macon, Georgia
(Seal) Seal of the City of Macon, Georgia 1823
408
(713]
Exuisit “P”
February 17, 1920—Page 112
The Mayor called attention to the taking over by the
City of the Baconsfield Park under the will of the late
U. 8. Senator A. O. Bacon. The terms of this will, he
said, provide that the park shall be under the control and
management of four ladies and three men, and that Senator
Bacon had requested that one of the members, at all times
as far as practicable, be one of his blood relations. He
stated that this Board of Control is to be first named by
the Mayor and Council and thereafter is to be self-per-
petuating, vacancies being filled by the remaining men-
bers of the Board and confirmed by the Mayor and Council.
The Council then went into the election of the Board of
Control referred to, the result being as follows:
Mrs. Willis B. Sparks,
Mrs. W. P. Coleman,
Mrs. H. M. Wortham,
Mrs. P. L. Hay,
Mayor G. Glen Toole,
Dr. W. G. Lee,
Mr. John L. Anderson.
In nominating Mayor Toole as a member of this Board,
Alderman Hunnicutt had the Clerk read the following
communication addressed to Mayor by Messrs. R. C. Jordan
and Custis Nottingham, the trustees of the Bacon Estate:
“In turning over to the City of Macon the park devised
to it by Senator Bacon, permit us to express the hope that
this Park will mean all to the white citizens of Macon
that Senator Bacon wished it to mean.
——
409
“The place is one of great natural beauty, but it could
easily be marred by haphazard work. We are sure that be-
fore anything material is done to this property that you,
the City Council, and the Commission appointed by it will
have a well defined and permanent plan of improvement
in view.
“We believe that it is of the utmost importance that you
be a member of this Commission, and wish here to voice
the hope that you will not decline such service from any
false [714] modesty. It will greatly expedite the people’s
enjoyment of this property if the Commission is headed
by the head of our City Government. Differences in opinion
and change of plans will be thus avoided, and the money
essential to the improvement of this property will be ex-
pended by the one charged with raising it.”
The Clerk was directed to notify the members of their
election.
I, Alex Cameron, Clerk of the City of Macon, certify
that the above is an accurate excerpt of the official minutes
of the City Council of the City of Macon as contained in
Minutes of the Council dated February 17, 1920, Page 112.
(Signed) Arex B. CamERon
Alex Cameron
Clerk, City of Macon, Georgia
(SzaL or THE CiTY OF Macon, Gzorcia 1823)
410
(715]
Exuir “Q”
July 21, 1936—Page 427
The Committee on Finance reported on the following
resolution as follows:
REsoLUTION
Wueneas, the late Senator A. O. Bacon, by his last wil]
and testament, set aside property now known as “Bacons-
field Park”, in trust for the sole, perpetual, and unending
use, benefit, and enjoyment of the white women, white
girls, white boys, and white children 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,”
and,
Wueneas, the Board of Managers of said property, now
consisting of G. Glen Toole, Chairman, Dr. W. G. Lee,
Secretary and Treasurer, Herbert I. Smart, Mrs. P. L.
Hay, Mrs. Frederick Williams, Mrs. Thomas J. Stewart,
and Mrs. H. M. Wortham, believing that the generous and
kindly purpose of Senator Bacon will be further served,
and the use of “Baconsfield Park” rendered more enjoy-
able to his beneficiaries, have resolved, if possible, to in-
stall and maintain upon “Baconsfield Park” a swimming
pool, to be used by the members of the public described
in the will of Senator Bacon, and,
Wuereas, in order to finance the construction of the
swimming pool, the Board of Managers have resolved that
the funds be secured in three ways, to wit:
(1) By the City of Macon Converting into cash, in ac
cordance with item 10 of the will of Senator Bacon, ten
bonds of the Macon Railway and Light Company, of the
—
411
denomination of $1,000.00 each, which were provided by
Senator Bacon for the upkeep and maintenance of said
“Baconsfield Park;”
(2) By obtaining from an agency of the Federal Gov-
ernment a grant of money to be used for the intended
purpose ;
(3) By obtaining from public spirited citizens of [716]
Macon loans to bear interest at the rate of three (3) per
cent. per annum, and to be repaid pro rata from the net
income derived by the Board of Managers from small
fees charged persons using the swimming pool and facili-
ties ; and,
Wuereas, in reference to the request made of the City
of Macon by the Board of Managers in respect to the ten
bonds of the Macon Railway and Light Company, it is
provided in the will of Senator Bacon, and in Item 10
thereof, “Should the Mayor and Council of the City of
Macon at any time consent to do 80, then I direct that
they be authorized to receive the fund constituted of said
bonds and all additions thereto, and the proceeds thereof,
and cover the same into the treasury of the City, in con-
sideration 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 cov-
ered into the treasury, to be devoted by said Board to
the uses hereinbefore specified,”
Now, THEREFORE, the Mayor and Board of Alderman of
the City of Macon, by this resolution endorse the action
taken by the Board of Managers of Baconsfield Park, and
pledge their support of the object sought, calling upon
and enlisting the aid of all citizens in the efforts of the
Board of Managers to obtain a portion of the cost of such
412
swimming pool by loans from citizens, and pledging them.
selves in the name and behalf of the City of Macon to
provide by ordinance or resolution, if legally possible, and
if the Board of Managers is successful in obtaining from
a Federal agency and from the public generally the balance
of the cost of such swimming pool, the proceeds of the
Macon Railway and Light Company bonds, in accordance
with the provisions of Senator Bacon’s will, and to pledge
such proceeds to the cost of the swimming pool and
facilities.
(717)
Report or Finance CoMMITTEE
“Your committee recognizes the importance of a munici-
pal swimming pool in our city, and there has been sub-
mitted to the Public Works Administration in Washington,
D. C., a project for the erection of one.
If and when the necessary funds are secured from the
Federal Government and other sources, we recommend
that these bonds be sold and the proceeds used on the
above named project.” This report was adopted.
I, Alex Cameron, Clerk of the City of Macon, certify
that the above Resolution and Report are accurate copies
of the official minutes of the City Council of the City of
Macon as contained in Minutes of the Board dated Jan-
uary 21, 1936, Page 427.
(Signed) Arex B. Camenon
Alex Cameron
Clerk, City of Macon, Georgia
(Szau or tHe Crry or Macon, Gzorcia 1823)
413
(718)
Exurr “R”
June 2, 1938—page 639
The members of the Baconsfield Club House Commission
composed of representatives of the Macon Women’s Club,
the Business and Professional Women’s Club and the Pilot
Club, were present and Alderman Harrold introduced them
to Council. Mayor Bowden invited them to be heard and
the spokesman, Mrs. Leonard Booth, came forward and
asked permission of Council for the clubs represented by
the Commission to build with W. P. A. assistance, a new
Woman’s Club House in Baconsfield and to tear down the
house now used as a club house by the women and use
such of the materials as are suitable in the construction
of the new building. She said that the new club house would
be a memorial to Senator Bacon and would be a $15000.00
building, of which cost the clubs will obligate themselves
to pay three thousand dollars. She said the clubs will sell
bonds to raise this money.
On motion of Alderman Harrold, seconded by Alderman
Pittman, the permission sought, was granted by the Mayor
and Council.
Mayor Bowden appointed the following gentlemen to be
members of the Housing Authority for the City of Macon
subject to the approval of the Governor of Georgia:
J. Clay Murphey, Chairman, to serve for a period of
five years,
W. T. Anderson, to serve for four years
George R. Wiliams to serve three years
Wallace Cobb to serve two years, and
Ernest D. Black, to serve one year.
Adjournment.
414
[719]
I, Alex Cameron, Clerk of the City of Macon, certify
that the above is an accurate excerpt of the official minutes
of the City Council of the City of Macon as contained ip
Minutes of the Council dated June 21, 1938, Page 639.
(Signed) Arex B. Cameron
Alex Cameron
Clerk, City of Macon, Georgia
(Szau or THE Crry or Macon, Gzorer 1823)
415
(720)
Exar “S”
January 10, 1939—Page 30
93. Central City & Baconsfield Parks
gp LADOT onnnnnnnn-nnsveeneececccrrnnnnnnsssssseceeerenennnen $ 7,000.00
b. Repairs to parts and equipment ...... 800.00
¢. Repairs to Building .. .. 1,200.00
4. Lights Central City no 40.00
~ $ 9,040.00
I, Alex, Cameron, Clerk of the City of Macon, certify
that the above is an accurate copy of the official minutes of
the City Council of the City of Macon as contained in Min-
utes of the Board dated January 10, 1939, Page 30.
(Signed) Auzx B. Camztox
Alex Cameron
Cler, City of Macon, Georgia
(Seu or THE CrTy OF Macon, Gzorcia 1823)
416
[721]
Exurrr “T”
January 10, 1939—Page 31
35. Miscellaneous
a. Baconsfield Park Annuity ............... $ 1,655.00
b. Insurance on Public Property ........ 1,900.43
c. Self Insurance-Compensation Act .. 100.00
d. Auditing 900.00
e. Chamber of Commerce ...................... 500.00
$ 5,065.43
I, Alex Cameron, Clerk of the City of Macon, certify
that the above is an accurate copy of the official minutes of
the City Council of the City of Macon as contained in Min-
utes of the Board dated January 10, 1939, Page 31.
(Signed) Arex B. Cameron
Alex Cameron
Clerk, City of Macon, Georgia
(Szau or THe City or Macon, Georoia 1823)
417
(722)
Exzzrr “U”
December 26, 1939—Page 19
34. Miscellaneous
a. Baconsfield Park Annuity ................ $ 1,665.00
p. Insurance on Public Propery .......... 2,048.50
¢. Self Insurance Compensation Act. 100.00
d, Auditing --.-----------n-eceeeneeeneenessnrennsenseenss 900.00
e. Chamber of Commerce ............---.------ 500.00
$ 5,213.50
I, Alex Cameron, Clerk of the City of Macon, certify
that the above is an accurate copy of the official minutes of
the Board Aldermen of the City of Macon as contained in
Minutes of the Board dated December 26, 1939, Page 199.
(Signed) Arex B. Camenon
Alex Cameron
Clerk, City of Macon
(SzaL or THE CITY OF Macon, Gzorcia 1823)
418
[723]
Exurrr “V”
July 15, 1947—page 458
Mayor Bowden stated to Council that inasmuch as an
appropriation of $100,000.00 has been made by Council to
construct a swimming pool on property under the contro]
of the Baconsfield Park Commission, he believed that con.
struction should be begun as soon as possible so that the
pool might be completed, tested and ready for operation
by the season of 1948.
He suggested that Alderman John A. Jones, Chairman
of the Finance Committee of Council and Alderman Dan I, .
Tidwell, Chairman of the Recreation Committee of Coun. |
cil, together with the Baconsfield Park Commission, or a
Committee of said Commission, be named in a Resolution
to handle the construction of said swimming pool. F
Mayor Bowden also suggested that the $100,000.00 so
appropriated be deposited in a Trust Fund for the sole
and exclusive purpose of constructing a swimming podl
and that Mr. C. E. Newton, Jr., Secretary and Treast
of the Baconsfield Park Commission, be named as the
Officer, and/or Trustee to handle said appropriation
authority to pay amounts from said fund when appre
by the Swimming Pool Committee. J
There being no objection from Council, the Mayor wag
to prepare the Resolution. 4
I, Alex Cameron, Clerk of the City of Macon, certify
that the above statements are accurate statemerits of the
official minutes of the City Council of the City of Macon a
contained in Minutes of the Board dated July 15,
Page 458.
(Signed) Auex B. Cameron q
Alex Cameron 4
Clerk, City of Macon, Georgia
(Sau or tHe Crry or Macon, Georeia 1823)
_— | 419
Exursit “K” -
GENERAL SERVICES ADMINISTRATION
National Archives and Records Service
Go all to fwhom these presents shall come, Greeting:
3 Gertify That the attached copy, or each of the specified number of attached
copies, of the document(s) identified below is a true copy of a document in the legal
custody of the Administrator of General Services and deposited with the National Archives
of the United States.
Records of the Work Projects Administration, Record Group 69
icrofilmed Project Folders, Georgia: Selected Documents from
the Project Folder Relating to Official Project 665-34-2-164
(Roll 2363W).
Bn testimony tohereof, I, ROBERT H. BAHMER, Archivist of the United States, being
duly authorized (41 CFR 101-7.104-3), have hereunto caused
the Seal of the National Archives to be affixed and my name
subscribed bythe Director, Social and Economic
Records Division
of the National Archives, in the District of Columbia,
this 2lst day of July 19 67
ran
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By PEE ad Jat 7.
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meer aged rowrt) by betel bom — RRR RRs 6 YS 8 eG , were
pease (incioding Sopply Fund reserve). baleiciaint 3015200: 9006.00 ' 12021.C0
ae meet 28 75:79) AOD DO. eae ¥e00
identifying eyweeis chal appear ae every pey roth, or other eacumbranse document chargeabie |
3 (Gbbe Fetey et 52
¥ .
gas 1166 Ofera) projuct Me S6B~8 ended ee. Work project Xa, _)
*~ —b mere
expenditure oymeel 45008 (9) | Mies ik ola ee
a a
.
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No. W..= -----=-- = ' |
es. Snes Feet SEQ 229-9
a OCT 34 938 Ne AB 30 sheds
aah ok i ne
Alegeone ciser ees een Pes Wee . f.
No... 1p Dete i
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ing “Ge »* i.
axe Proontes Anutxistnarion: & J S oe
of expenditures to be made frora Federel funds oe the proposal designeted cheve, wa, ||
ot eons. }
i
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do hereby agree that we will finance such part of the entire cnet thereo! as is not to be supplied =|
fuads. i!
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agent... BL ¥, ene ape ee
BY £ aRANAW, ASST”
—" nekes, ier Pete — i
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—— 7 a i
ind tet the operation —
scorer of Wa presecotion le requested.
A. Neca ml. he SA A taco
SOO ee gene ene
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tmm.._£1bb = Lacon. somone Leeann symbol —24: “i.
tonstruch a Peble Commun ty Claes Howse sn (acen |
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SA Katimated date of comptes Z- Le FF
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|}———--— | ZTE RE |
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© apetiion syntn 56 S Oo 2) Tithe ion ath emennebtinnaiipiieass
ieimees:
COPY BOUND CLOSE IM CENTER
ori ALIS
% -« Pangeremee Ree Le I
WORKS PROGAISS ADMINISTRA TION Pole $ BEET OBIT CI
STATEMENT OF PROJECT ESTIMATE DETAIL 4,7evices scttzey
t
eta nences__ __sfeiaay core
sar ts ort pret Geared be to ned ta operation scanty seemed
gqroral of ts presecetion —
me wee
i ie ay Ni oly ly Min
Se
OP tetetion, § 16L0ROO ____ teatndied tn the Henttation ave wuts ponfente Men, S0RR
, 7
-*
med
eo eal cane cmmgerte We cmt at em Nereis ot prpewwed af Che mipwwn pee ruined pre pet ar pert
ee ee
wt ra — tas = Flt prep. SAbnbtakalsd SS
ot cxpentinar opuies 009008(9) ry. etna
Tsao
COPY BOUND CLOSE IN CENTER
BEST COPY
AVAILABLE
PUBLISHER’S NOTICE
Material on the following frames is
the best copy available to publisher.
WORKS PROGRESS ADMINISTRATION A reviesé ectimte of au
re ees Brees ame Lp
STATEMENT OF PROJECT ESTIMATE DETAIL ted
ena Bt Leete, One
ise Cay Be SRO PPO! Fy nips fn:
that te work projert deecribad teow te plared 1s operation
red
uve al of us preervven is requested
Ln nn noe MOO Bo etme Me
tae qveted tecel eee! ire a)
r s ‘ = eae 1S Sew —_- — -
Htd © Mace ee ee.
of project (Casey ana”:
of projet ‘
cartrect © poblic commnity clad house in the City of Meo, Bibd Commtys
parting date 1985-88 sescee- ae --. Wetionste§ dete of cangistica SGD oe
of aaa “ nisceciiigianioinaamniicenabenuiann ara? Ne. “ae
0. P, limitation, $ (19513 86 : estiedied te ite Wntation ase watts puapute tien,
* . o-enee — - eee
dixscnctatonamete 3015.08 9006.00
wosLame ;excleding Supply Pund reerrm) . ._...... ~~, SOLS.08 OCT TE
iL LABOR AXD MUWLABOM (excheding Supply Fad reserve), . 333135-00 e006.00! Z21539.00
Trad reserve and morthty limitation... | Lt. ---- 5a & 2 i ; '
mu NOMLARTG (veteding Supply Fund reseste; SO1t 00 __ 9005 900 |. _ 12931,68 :
ae cami: ~ os ea |
° + =seere “ - - -
eee eee ee : ———~ - ee > =
identifying symbols shall appear on every pay rofl, requisition, or <her encumbrance document cheryusbic
poet
anqun O08. O6S S42 166 oo, proce xe SP
Vewepwece 0. of Save fonqwem Agner ’ « |
or expendtere symbol . 08 8008 (9) ;
BAAS. se “|
ee ee
Official pre act No.
ae
THONG pe tess em eree woe eewares + een geese oe
; Appooves: ~ ho fiihe: fe
=P) me.
ee
COPY BOUND CLOSE IN CENTER
id Se “
LDU Re I eS
ys
SRT
SARC MURR ON I NE
kid
Speen
EE PR Pe RR IS AYR, CONG ANH
‘ Sequeese Ma TSC sieihiaaiil
Division ef on : OLS .; 298
ee ee hehe
P. Le Be. 266° 4
Se a ADMINISTRATION A revised estim-e of ©
work pre: <<
STATEMENT OF PROJECT ESTIMATE DET AML eusly oe of oy
pine. Pe. Shearer rea. os neni ai Atlacta, Georgia + ie? a
hot the work projet Geacribed beirw be placed te operation :
approval of ite proercutves m@ requested A
reece .......dPoe Bes 3, Maren, Jorg
(magqneted tare! <a.
Ce ae ee ee ee te eee eee ee
dpojat Bidd - Macs
of project:
Construct @ publie cemmunity elob howee iz the City ef Macon, Bibd count: “4
~ (Commng ond oe:
AE OP ote in DED Eationated date of competion _ 8° 35-39 ; aioe!
vane _._-.City of Maoen 7 manne Spemeare Ma. a
oP hematin, § 12313,99 ) cheded om thus limitatica are werk peemre Nea 8550 a
ES ee Ge ee e+ a ee we re
mperevdes cotimate bearing Sequence Xo 12196 eet ESS
“ a
-- Tat mete
fame and amounts comerme the cost cocmate hereby a7proved, of the sbove-duarribed projet oy portrat
SM RS Hak Nek Bp ON UN cs AWS aan nh fla te oe A Siu a eR
See oer <= wr. > ap | 2. —) i
— a ——s Piuiiesters e
___ 0794.00 _-..... | VR _ |B
ec SS jo, 90D _ |
ie | 9298.00 (9298.00 |)
aT o ean edo nee | A
ws a 4 - Pee eee,
Re iiaitinatdiihl- caine ldiaglin ce 9005.00 | 1182:.30
4 PORLABOR (excheding Suppey Fund reserve)... eOLBeN ce see >i
4 LABOR AND NONLABG (evehedmmg Supply Fant reeerve) . 321135,00 9006.00, ! 222:3.90
neerve and monthly limitetacm —s XXX XN We
as momance (incheting Supply Pand rere 9006209 NPSL
ATTUNED Cunt ROT MATE. gee eeaO We eas Fa ap
- +--+ ee ee ee
identifying syrabvie shall appear on oer) sey roll, remeuitwa, of 420° cacumbrease deremest Curgraba
pact ;
wet eymbt .9°2246 metal prow Na O6B 34-2166 Bork proses Nea 8650 :
, <tg e l
of expenditure symbol eesocg (9) _ 9 -
Aprreeé:
vic 30 1939
“ee ie.< ouetuenmnen sa + ame wrete A dmnerestrates,
. ¢
~ wa% ¢* a@* + Yaul
"(76t) ea yd
WORKS PROGRESS ADMINISTRATION
PROJECT PROPOSAL
queies, ¢ 12518 055 OCT 24 ISihe WPA Work Projet No.
proved, 8 a — __._Serial No. | } 6588 — tha}
—s (Spumeet 4 eo WI.te Shore hae,
spree! So. STE Ee Date f prujneal . p-00-s0
Page | of 5 pages ‘
qe > A
. Project No. .....
io, see — oe
nox or .... oom . /re
» Paocames ApwrxisT@s 3 ae
SO reefers uvder the rules and regulations 4 the Works Progress Adauz.stration.
j 4
iveal: : :
’ made tia; tr followita proposal be reviewed and that e formal application te made for ee ad | Pa
City of Mow pee he ES Ae ee Bibb
oe Po” (apenas 2g eg?) (v@emm wsdren—ciny, weak se
d project Moen ccnenenen nese ne cna cnatecnnonnnnremesene a
4
df estimated costs j
Petered tends |
bese of ores @ |
m im js
eoscipe) .....| O000.20 SRL
equipment, and other eowte. |
ter durwet coma. 16.00 213
forutat f¢) waly
oe hi A AP Mn fing ae yg
ES eRe iy ee
: =e plead, dot te
ei ebb ee
aa ap diiattpatcaaadaetnmente. a
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>
1 ty Ar A AP EPS fel ib 6 na Ph a
(763-769 |
: om
_ . Page 2 ef 5 ge:
=
‘ated worsens paxt trom Federal fonds, =acmretbs 160 SO oe Ber
tal workers pass trom Federal fondo, MOe-GDanes »........-.-...-. ae ,
filed workers ask by Bpvacor, mam-emnethe SummEesorer 0219-60 208 —_— en
Tote) macmcthe, oll workers ... o semattnieiea-eas tm 166 selkesindiedants —-
Federal expeoceare per mao-year of lave
vont A priject (item 4. cot 2, tne 208 ips
po aon (item & (b)) 7-8 BOBAD
aot preparations will be evmper een Requiges _
A epatreons oi tocamplte A Regatta
' research projects only). ° eaplete specifieaticns, eva A forme, ecbedules, nratams, |
site ae se SESS pitted baww le. 29
mn be tated = ——3B-—— days alter = 4e & proceed, and it ls et.caated that — ae 114 _
be required for evespiation. we
se peamat, pecject i be euperintended by Elilemse 4 ; 2 set!
snd cperstina or putlication of results f completed project will be proviched as fothows: ¥
prom 4
, aaa
ad ook: on.
ae
ad
“ee
s ~ ~ -<c em ao -rectoeer ones se - -
ete at ee AIOE - oars wer amen-- 20 wor acesecce —
_—— eaten + ene ee per eeee sewer es one -o- == - ~~.
OEE LG LE OCOD ee eee ce oe
md has ben epproved by the following pubiie planing or other agrrns concerned: ad ceeaccuniiimcdies 7
Semele Clad 208 City 46 teen an onaeatl
— eee —_— -———-{
-—————— 0 eee mm
ro hp cme reepunsibility tor acts sed will QUEENIE * eorume responsitéiity for com;-tmue my
that (oods allotted t0 proiect are inadequate
2 which project wl be eondacted bs owzed b7 ‘
ee ae
- ~ er ee ee er
hes Ganges’ Sx'aTiction to conduct pruject ve this property.
est bn cower ted as put de preparty of Mate cummey © svat <> Fotens proms. ub praia lomre
pemet 6 es pee ome Wy ements ery re te ma ee wets os mer
ed eva Me ete over las ye pert).
wiiy of tide project quieger ll not)** depeod up a <2 completion of uber p.ie os private work. bipwetaioe
ep
owes - on ome _-
med contruction proivcta caly.) Projert ls ‘e140 @ Feteral Aid Highwey.
Federal ot yor mile: 6... -........- SS Se LS eee ements
‘ RSENS pt mtg ° | ere nk ah atin,
(A short, crane Patement giving reasa « wecessity fue the propresd pr-sect, including any omacnte:
sateenents shrnd tee catered the work |ow 2h ‘itiunal sheet f 12cm we ,
———<—— ee ee ee
weeer oe -
es
OEE EERE OE ARN Oe ele OO te te Ol pm Nt ee me
OO ee nme: oh mm. m/ ee ee ee ee —
EO OR ME ODE OE EEE EEO A OOOO! BO LEE OY BEE BOE OE _--
- an
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oe ee eee ed ~~
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, ) re
‘4 Pup taf 6
as 4 sce
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Netw! 207 werwertate claativeti-s Ter wre choad agree w 41 te eter
hearer a yp tanh es we wesecathe but ere + cent WPA inetret Dew + hei
ie mew © tt entree to diferectley ot «ree, and Peters ¢ ~-owrsluete Bon dum . - wd 6. ue
Vy evar ta powers lauor only liek-ee 2.46 employees um en me nue (Fy
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ise 9 j328| ee O00
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7 ee ee ee Oe 100500 600,00 ~ $6900
oe UR SRD Oe Srnec
sad 5 5 | Oo
£* 3b 5 » } 9906.50 9898529
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direct evete, inchuding eafety measures, tracejrtativa of workers, ti aod sundry equipment '=¢ >s¢/ated in
18, 19, and 20.
* SRE eaters
Detar teem =| Opemeer’s unde 7 a
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2 eee. eet. ee: ee
fareebed by ence! tov Lene rent bem Potered vel tude, = eer ed
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a aes Sake Be ED Sages
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1
detby heme oe: ewe
| tmerigtien of oparetine oe teature af wert (gree Wrenit-teows 67 dames, semurtaag
iz] oe eae el) ep
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Gi at ote ot po ee ee | 426
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= ae | Bes ieee ioe es
i a oo = =: cares -_ | er - _ ——
wang? —_—— ener cae — +O eee one wt oe — oonSe@uncesocs o _
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oy Chat the tude spentthed io thin propres), ts he Aeredainet by the apemeer (of equivalent vehue in surmapern
+l @ available lor the proeseution of Protect os nomndeut
CERTIFICATE:
wader the Emergency Keil A Act of i and orders sad reguiations issued thereusder. This |
hut the use of beuefit of the pul i
__. aries ma Sk ae PE on) i. :
(type (Te (ime)
Si lela grat st
ene — en One mee eee eee
INSTRUCTIONS TO SPONSOR FOR PREPARING THE PROJECT PROPOSAL
of the project proprca! a-4 the furntaliog of supplemer-tary explanaucy date are mapomaibilities 4 the spon
metvieed to conter with inrel and district officer of the Wocks Progress Administration te obtale informetive
sngetional classificstions, wage rates, working hours, and other matters of local application.
propeete, the projeot proposal shoud be accompanied by plans cr drawings and general specifications
48 wey as to permit jntel:igent review. Uther supplementary data, to secompany Le project
COPY PRINTED CLOSE TO EDGE
Rett pI AE GOA AR AER ERE Ea
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456
[S18]
Exnuisit “K”
Copy: Mr. Adrian Newcomer, Macon
October 11, 1938
Application, State
Serial No. 6586
Construct Community
Club House, Macon,
Georgia, Bibb County
Honorable Charles L. Bowden, Mayor
City of Macon
Macon, Georgia
Dear Mr. Bowden:
The proposed project covered in the above identified ap-
plication, is now undergoing final review in this. offiee,
prior to a final decision as to what action will be taken,
In reviewing the information supporting the project ap-
plication, it is noted that the proposed building is referred
to on the plans, specifications and other data as being a
woman's ¢lub building, which would indicate that the
project upon completion would not necessarily be con-
sidered a community club house to be used by and for the
benefit of the general public at large.
It is noted in the statement signed jointly by yourself, the
City Treasurer, and officers of the Woman’s Club House
Commission, dated September 7, that reference is made to
the project as being the Woman’s Club House, and that
the property on which the improvements will be made will
not be disposed of to a nongovernmental body during the
operation of the project. In the prospectus outlining the
437
pose for which the building will be used, which prospec-
ur
Ai is signed by the President and Treasurer of the
Woman’s Club House Commission, it is noted that the club
house will be operated under the jurisdiction of the
Woman’s Club. The prospectus does not bear the signa-
tures of the sponsoring officials.
[819] In order to establish the full purpose for which the
building will be used upon its completion, and to assure
that the property together with the improvements to be
made thereon with the aid of WPA funds, will be main-
tained for the general use and benefit of the public at
large, we consider it necessary to request an additional
statement from the City of Macon, the project sponsor,
similar to the following, making reference specifically to
Project Application State Serial No. .......... :
“With reference to Works Progress Administration
Project Application State Serial No. 6586, this is to
certify that the proposed building referred to in plans,
specifications and other data submitted to support the
project application, as ‘The Woman’s Club House’
will, upon completion, be used as a community club
house for the general use and benefit of the public at
large, without discrimination against any individual,
group of individuals, association, organization, club
or other party of parties who may desire the use of
the building and the property upon which the building
is located.
“It is further certified that the City of Macon, as
project sponsor and owner of the property upon which
the building is to be constructed, does not intend to
lease, sell, donate, or otherwise convey title or release
jurisdiction of the property together with improve-
ments made thereon during the useful life of the im-
a . —_
SGP LEED IES PBA REAL GPEC PENIS LIN IE
SOROS ET
TRE A MAE
PPR REIT or
438
provements placed thereon through the old of WP.A.
funds.
“It is further certified that the City of Macon, as project
sponsor, will be responsible to see that the property
together with the improvements made thereon wil] he
maintained for the general use and benefit of the
public, and will not be used for the profit or benefit of
any one individual or specific group or organization,
and the management of the property, together with
improvements made thereon, will at all times [820] }e
subject to the approval of the designated city official
or Officials of the City of Macon, who will be responsi.
ble to see that the foregoing certification is adhered
to.”
We regret to inconvenience you further for additional in.
formation in connection with the proposed project and
wish to assure you that we will be glad to give the pro.
posed work immediate further consideration upon receiy.
ing a statement in triplicate, similar to the foregoing,
notarized and signed by yourself and the City Treasurer,
together with a certified and signed by yourself and the
City Treasurer, together with a certified copy of the deed
to the property upon which the building is to be located.
Yours very truly,
(Miss) Gay B. Shepperson
Administrator
Administrative Assistant
JJL/MM
—_—
(821)
CITY OF MACON ,
Orrice oF THE Mayor
Henry W. Pittman
Charles L. Bowden
Mayor Pro-Tem
Mayor
October 22, 1938
Hon. John J. Lambert
Administrative Assistant
Works Progress Administration of Georgia
Ten Forsyth Street Building
Atlanta, Georgia
PLEIN EY EN Le
Dear Mr. Lambert:
[ hope that you will pardon our delay in sending to you
certified copy of the deed of Senator A. O. Bacon cover- 7
ing Baconsfield Park property on which Baconsfield Club }
House is proposed to be erected. This is a public park
left to the city by Senator Bacon in his Will and has been j
used for years by the City of Macon.
The Club House will be for the benefit and use of the
public and while the name “Women’s Club House” would
indicate it would not be operated for the public this is
the way it is operated.
The name of the project should be “Baconsfield Club
House” instead of the Woman’s Club House or whatever
name it carried.
ee St a he ee ee
We are enclosing in vriplicate the statement as requested
by you, also copy of that part of the Will relating to this f
property.
440
If there is any further information that you wil] like to
have please let us know.
Most sincerely,
Chas. L. Bowden
Chas. L. Bowden
Mayor
CLB/r
Encl.-4
[822] “With reference to Works Progress Administration
Project Application State Serial No. 6586, this is to certify
that the proposed building referred to in plans, specifica.
tions and other data submitted to support the project ap-
plications, as ‘Baconsfield Club House’ will, upon comple-
tion, be used as a community club house for the general
use and benefit of the public at large, without discriming.
tion against any individual, group of individuals, associa-
tion, organization, club or other party or parties who my
desire the use of the building and the property upon which
the building is located.
“It is further certified that the City of Macon, as project
sponsor and owner of the property upon which the build.
ing is to be constructed, does not intend to lease, sell,
donate or otherwise convey title or release jurisdiction of
the property together with improvements made thereon
during the useful life of the improvements placed thereon
through the aid of W. P. A. funds.
“It is further certified that the City of Macon, as project
sponsor, will be responsible to see that the property to-
gether with the improvements made thereon will be main-
SLOT LOVES LOL IBN CT Gt SA SPL NSH ES ALOE RF
441
tained for the general use and benefit of the public, and
will not be used for the profit or benefit of any one in-
dividual or specific group or organization; and the manage-
ment of the property, together with improvements made
thereon, will at all times by subject to the approval of
the designated city official or officials of the City of Macon,
who will be responsible to see that the foregoing certifica-
tion is adhered to.”
Chas. L. Bowden
Chas. L. Bowden, Mayor
City of Macon, Georgia
Frank Branan
Frank Branan, Treasurer
City of Macon, Georgia
(823) Sworn to and subscribed before me
this 14th day of October 1938
Elizabeth Ledsinger
Notary Public, Bibb County, Georgia
[824]
October 24, 1938
Mr. Adrian Newcomer
Area Engineer
WPA Area No. 3
356 Cherry Street
Macon, Ga.
Dear Mr. Newcomer:
We are returning to you herewith for your files copy of
Project Application Form 306, copy of Sponsor’s Agree.
ment Form 308, copy of Project Proposal Form 301, dupli-
cate copies of Preliminary Project Proposal Form G-141,
copy of a statement signed by the Mayor and City
Treasurer of Macon, that the City does not intend to re-
leased jurisdiction to the property upon which work is
to be performed under the project, copy of a statement,
dated September 7, signed by the Mayor of Macon and
officials of the Woman’s Club that the building will be
maintained for the benefit of the general public, and pros-
pectus of the proposed community club house, all bearing
State Serial No. 65-30-9, which provides for constructing
a community club house building, Macon, Bibb County.
The application is being forwarded to Washington for
approval.
Yours very truly
(Miss) Gay B. Shepperson
Administrator
Administrative Assistant
JJL/MM
[847]
Kxuisir “M”
.
i
j
i
—
——oo
/ GENERAL SERVICES ADMINISTRATION
: National Archives and Records Service
EP SCN TYR MR sel
Go all to ‘hom these presents shall come, Greeting:
3 Certify That the attached copy, or each of the specified number of attached
copies, of the document(s) identified below is a true copy of a document in the legal
custody of the Administrator of General Services and deposited with the National Archives
of the United States.
Records of the Work Projects Administration, Record Group 69
Microfilmed Project Folders, Georgia: Selected Documents from
the Project Folder Relating to Official Project 65-1-34-52
(Roll 2990W).
testimony thereof, 1, ROBERT H. BAHMER, Archivist of the United States, being
duly authorized (41 CFR 101-7.104-3), have hereunto caused
the Seal of the National Archives to be affixed and my name
subscribed by the Director, Social and Economic
Records Division ,
of the National Archives, in the District of Columbia,
2lst day of July 19 67
Sitodt Fra ied. 212.2 2—
Archivist of the Unitdd States
By Hance 7 v4
this
io amt &
ee
——
|
[850]
(See Opposite) =>
Wee ARTA Moe Nm PS r stn Say
5 ee ica a icb Ri riy ne ge em ee mee eRe
~ywitior. of Cyors* ome
ad “oe
Y4G _AI810-
Ne ter
ic eeten: |
WORKS PROGRESS ADM' ISTRATION A new wr) .t a
t
-
e
STATEMENT OF PROJECT ESTIMATE DETAIL *77*0"¢? °~
At lav. tt, veorgie
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tg date ;
cit; -f dacce ae dail
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ee
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450
[874-875]
(See Opposite)
-
.
pee oo omen
qonson’s CERTIFICATE AND AGREEMENT:
Aa &
iver Pevponat NO ilT-8 Dare — outa -
graa! have been checked by the undermined and ere true to the beat of dos
1 propeet is for the use or benent of the prot
vy the Uastad States Treasury onty sgon pey nu.s and vitte
the statermet eoetemed in thre pre
{teed Tite certited that thse propose
Inge 9
iin uralerntex thet Federa. finds is expenial !
ual by tae A ootms Progress AdmutastraGoun
jin further usderetd that the proyert will not he placed in eperetoon uniess and untd @aeorance ts
, et made avaiable ae emecahied in the proposal, ord as required by proynet opereterns
steed thes the work propped, ond all one undee the project. will be dae im conferr:ance with eal)
mente " pulew ar tivg laters tae of the W pursuant to ‘be act oA Cae
orks Progrese Admipisiraiien imued
der whaeks Fodoral favids for the poverecution of the project ere nade avaiable, emd 28 arconiacce With wach
attached hereto
oven thet ibe
jivagreed thet the Works Prigrese Administration under we cbhyatren to initiate sopra tions unler th gre
: wre notte complete the project if placed in operstion Further, in ereamdoration expend: tares
ialeral fume t+» be made on the propert, it is 1af the proprned work te undertaken, that the sponane ull
veh part of the entire erst there d ae 0 not to cupplied from Feder! funda.
Awns0R Cyty of Memmi i AORTA Uy. Tel a leagiaek a
mee Heo, Be. | ellacsalass Pace ch AN cade <iitannites
| “ity of Fy ly
ipnot's ied agent Rabe ae Egdea = Mayor dacun po
(vou «95 @ pom) vm (A
City of J }
Treasure.: Macon “-“*-O* 4, =”
ipamn’s aAhoarised agent lracs Lranen
tem (somerr.
(wesem ~ rhe et pret
Ee A ie CE ae | A ED ee IT a
‘
Goergia oO P No ahs
Phi)
Fl No
locas Romaration No ®
O-4596-Sr-
40058
pAcru otis Ne
COPY BOUND CLOSE IN CENTER
452
[889]
(See Opposite) &*
4g DP
City of Macon
@ 1443 5 @ 14s! G74 1.8
oo“ e°
Septender 7, 1938
' wisreigned eponsors of the WOMAN'S CLL HOUSES,
t ie LO AGKEA THAT Thi PROP: KPY Of
ri park ok TS AILL Bh MALE WILL BJT in. Ladved,
yOWATED Ibs DISPuCeb OF TO ANY PKIVATE
yAL OR CURPOKATIOB, 0% TO A QUASIEPUNLIC GHIANT “AT. IS
+ fis UPGRATI UM Or Pit. PROSZEP?. «IP 13 CUTE AQKEED
‘gy THA ULL: ING TS COMPLZTEKD, IT 13 TO KK MAINTAIN:D
i DANE: arty AND OPSHATED PORK CHE WeiKES 1? UF THe
PINWIC o
fi.
tMé ™ = g £4 70s ener 2..
7 e bYvans
Treesurer, City of Keeon
ae dies te firth
rs. .conard bocth
President, #oman's Club House
Cousnission
f
Y sz.» @ 1 (4A +7 €
Eree ii) Luees
Treesurer, *omn's Club House
ome d 6 81 OB
Y BOUND CLOSE IN CENTER
454
[917]
In THE Superior Court oF Biss County, Groreu
[TITLE OMITTED]
INTERVENORS’ THIRD SuPPLEMENTAL RESPONSE TO Morpoy
FoR SuMMary JupGMeNT FiLep sy Successor Trusregs
Unper THE Wit or A. O. Bacon—Filed August 17, 1967
Come now, Rev. KE. 8S. Evans, Lovis H. Wywnyz, Rey.
J. L. Key, Rev. Booker W. Cuambers, WituiAM Ranpau
and Rey. Van J. Matong, intervenors who file this Third
Supplemental Response to the motion for summary judg.
ment filed by the successor trustees under the will of A, 0.
Bacon, and show the Court the following:
a i
That attached hereto and incorporated herein by refer.
ence are the following exhibits:
(a) Exhibit W—wStipulation between the successor
trustees under the will of A. O. Bacon and Rey. E. §,
Evans, et al., intervenors.
(b) Exhibit X—Letter from Mr. Willis B. Sparks, III,
to Mayor B. F. Merritt, Jr., of Macon, Georgia, dated
May 22, 1964.
(c) Exhibit Y—Letter from Mayor B. F. Merritt, Jr.
of Macon, Georgia to Mr. Willis B. Sparks, III, dated
May 28, 1964.
(d) Exhibit Z—Affidavit of William H. Alexander, one
of the attorneys for Rev. E. S. Evans, et al., intervenors.
[918]
WHEREFORE, intervenors pray that this Court:
(a) Grant them the relief heretofore prayed for in
their Response, Supplemental Response, and in their See-
455
ond Supplemental Response to the Motion for Summary
Judgment ;
(b) Enter an order which will assure and protect their
riglit to racially nondiscriminatory use and access to
Baconsfield Park and all its facilities; and
) Grant them such other and further relief as to this
(¢
Court may seem just and proper.
This 16th day of August, 1967.
/s/ Witu1am H. ALEXANDER
Wiituiam H. ALEXANDER
85914 Hunter St., N. W.
Atlanta, Georgia 30314
JacK GREENBERG
James M. Nasait, III
10 Columbus Circle
New York, New York 10019
Attorneys for Intervenors
456
[919]
Ts
Exuisit “\W
Ix THE SupeRion Court or Biss Country
[TITLE OMITTED}
STIPULATION
The undersigned parties to the above-styled case agree
and stipulate the following:
1.
That Mrs. Mary Lou Bacon Sparks, a surviving daughter
of Senator A. O. Bacon and one of his heirs under his
will, died on May 31, 1944.
2.
That a public school known as Alexander School No, 3
is maintained and operated by the Board of Education of
Bibb County, Georgia, an independent agency created by
the Georgia Legislature, and is located across the street
from one extreme corner of the park area of Baconsfield.
The enrollment of said school during the 1966-67 school
year was approximately 410 children all of whom were
white. There were no negro children in attendance during
that time. The principal of the school is able to make only
a rough estimate of the enrollment for the term begin-
ning in September, 1967. She estimates there will be ap-
proximately 410 white children and 15 negro children in
attendance at that time.
3.
That there are about 12 negro families living within
approximately two or three blocks of the park area.
457
4.
Counsel for the heirs cf Senator Bacon enter into this
1920] stipulation at the request of counsel for the inter-
yenors E. S. Evans, et al and are willing to stipulate the
truth of the above facts but wish to make it crystal clear
that they do not in any way acknowledge that the facts
stipulated are relevant to any issue in the above captioned
case.
/s/ Wiis B. Sparks, 3Rp
Wuius B. Sparks, 3Rp
Of Counsel for the Heirs of
Senator Bacon and the Trustees
Under His Will
August 14, 1967
/s/ Witu1am H. ALEXANDER
Wiutuiam H. ALEXANDER
Jack GREENBERG
James M. Naseer, III
Attorneys for Rev. E. S. Evans,
et al. Intervenors
August 15, 1967
458
[921]
Exuisir “X”
Law OFrrices
JONES, SPARKS, BENTON & CORK
Persons Buripine
Macon, Ga. 31201
C. Baxter Jones A. O. B. Sparks
Edward L. Benton
Charles M. Cork
John W. Smith
A. O. B. Sparks, Jr.
Frank C. Jones
Charles M. Cork, Jr.
Franklin L. Colston
Willis B. Sparks III
Edward Bruce Benton
Carr G. Dodson May 22, 1964
Timothy K. Adams
Mayor B. F. Merritt
c/o Mr. Trammell F. Shi
City Attorney
Southern United Building
Macon, Georgia
Counsel
Dear Mayor Merritt:
I am writing to you as attorney for the Board of
Managers of Baconsfield with respect to the lease dated
December 21, 1948, between the Board of Managers and
the City of Macon. This lease involves property including
the Baconsfield swimming pool and the surrounding area.
| Sis WARIS AERA ADR ENS BARA aa. ela lua NUN TRUE + Aa gs eC alt eR
hen WN? tery
Ta
- 459
About a year ago, during the administration of Mayor
Ed Wilson, the Board of Managers of Baconsfield brought
a suit against the City in the Superior Court of Bibb
County seeking to have the City removed as Trustee of
Baconsfield because it was failing to enforce the racial
imitation essential to the trust purpose of A. O. Bacon.
Of course, when your administration came into office, the
City of Macon through the City Attorney, Mr. Trammell
[922] Shi, quite properly declared in open court its consti-
tutional inability to enforce the trust as set forth by A.
(), Bacon. Having declared its legal inability to enforce
the racial limitation, the City thereupon tendered its res-
ignation as Trustee of Baconsfield.
Since the City of Macon has delared in open court its
legal inability to enforce the racial limitation as required
by Covenant No. 2 on page 3 of the lease dated December
9], 1948, it is the feeling of the Board of Managers that
the lease should be cancelled because of this breach by
the City of that covenant.
Accordingly, I am writing this letter as a five day
notice within the meaning of the final paragraph of the
said lease, which said paragraph reads as follows:
Rowe
a
Peerecy
see
ee eS ye ee a |
BP oreo: alk Faalnn A. ay a ah ee et) donbuat on
460
[923]
Page 2. Ltr. to Mr. Merritt May 19, 1964
“In the event that it breaches any of its covenants, num.
bered 1 to 4, inclusive, and fails to correct such breach
within five days after written notice thereof, to the Mavor
of the City of Macon, then the Board shall have the right
to immediately terminate this contract, assume possession
and control and management of the swimming pool and
the pool area, in which event all rights of The City here.
under, except such rights as it may have with regard to
the net revenue earned to the date of such termination,
shall cease and determine.”
The Board of Managers in pointing out this breach of
the lease is fully aware that the City of Macon is guilty
of neither bad faith nor neglect. Rather, it is obvious
that performance by the City of the second covenent of
the lease has been rendered impossible be decisions of
the Supreme Court of the United States interpreting the
Fourteenth Amendment, such decision having been handed
down since December 21, 1948.
Respectfully yours,
Wiis B. Sparks, ITI
WBSIII :mbs
ae.
461
[924]
Exuzisir “Y”
B. F. MERRITT, JR. W. K. STANLEY, JR.
MAYOR MAYOR PRO-TEM
City Hall
CITY OF MACON
May 28, 1964
Mr. Willis B. Sparks, Ill
Jones, Sparks, Benton and Cork
Attorneys-at-Law
Persons Building
Macon, Georgia 31201
Dear Mr. Sparks:
This will acknowledge receipt of notice given on behalf
of the Board of Managers of Baconsfield of your intention
to cancel the lease on the Baconsfield Swimming Pool to
the City of Macon, unless the breach of said lease is cor-
rected within five days from the receipt of said notice.
Correction of said breach is a legal impossibility and the
City of Macon has no alternative but to consider your
notice as an effective termination of said lease. Acting for
and on behalf of the City of Macon, this will constitute
notice that the City considers the lease effectively termi-
nated immediately and its connection with the Baconsfield
Swimming Pool severed. The property thus reverts to the
control of the Board of Managers of Baconsfield free and
clear of any lease agreement.
Sincerely,
B. F. Menrirt, JR.
B. F. Merritt, Jr., Mayor
BFM :b
462
[930]
In tHe Superior Court ov Biss County
(Title Omitted)
SuppLement To Motion ror Summary JupcMent
As Amenxpep—Filed August 21, 1967
Come now Guyton G, Abney et al as Successor Trustees
undcr the Will of A. O. Bacon and Willis B. Sparks, Jr.
et al as the “Sparks heirs” of tlie said Senator Bacon and
tender this Supplement to the Motion for Summary Judg-
ment of Guyton G. Abney et al as amended. The “Sparks
heirs” have previously concurred in the original motion
for summary judgment and do hereby concur in and adopt
the “Amendment To Motion For Summary Judgment” filed
on behalf of Guyton G. Abney et al as Suecessor Trustees
on June 29, 1967, as well as joining in this Supplement,
By way of this “Supplement” the above named parties
add the following evidence:
1, An affidavit of Alex Cameron, Clerk of the City of
Macon, dated August 16, 1967, attached hereto as Ex-
hibit “E” P
2. An affidavit of Mrs. Kenneth Dunwoody dated Av-
gust 21, 1967, attached hereto as Exhibit “F”
3. An affidavit of Wesley Holley Long, Jr. dated Au-
gust 19, 1967, attached hereto as Exhibit “G”
/s/ Jones, Sparks, Benton & Cork
Jones, Sparks, Benton & Cork
Attorneys for the Heirs of
Senator Bacon and the Trustees
under his Will
(931)
Exuusit “E”
In THE SupeRion Court or Briss County
(Title Omitted)
AFFIDAVIT
The following is a list of Mayors of the City of Macon,
Georgia, from 1910 to 1967 with the years of service of
each Mayor listed out beside his name.
John T. Moore 1910-1913
Bridges Smith 1914-1917
G. Glen Toole 1918-1921
Luther Williams 1922-1925
Wallace Miller 1925-1927
Luther Williams 1927-1929
G. Glen Toole 1929-1933
Herbert Smart 1933-1937
Charles L. Bowden 1937-1947
Lewis B. Wilson 1947-1953
B. F. Merritt, Jr. 1953-1959
Edgar Wilson 1959-1963
B. F. Merritt, Jr. 1963-1967
I, Alex Cameron, Clerk of the City of Macon, do certify
that the above list of Mayors and of the dates of their ser-
vice as such is an accurate reflection of the records in that
464
regard contained in my office. This affidavit is being given
with the understanding that it is to be placed in evidence
in further legal [932] proceedings in regard to Baconsfielg
Park and the contents of this affidavit are matters the
truth of which I could swear to in open court if it were
necessary.
This 16th day of August, 1967.
/s/ ALEX CAMERON
ALEX CAMERON
Clerk, City of Macon, Georgia
(City of Macon, Georgia Seal)
PO pinks,
465
(935]
Exuisir “GQ”
Ix THE SupERIoR Court oF Biss County
[TITLE OMITTED]
AFFIDAVIT
Iam Wesley Holley Long, Jr. I am a resident of Macon,
Georgia living at 3380 Atkins Drive in that City. I am
presently employed at Anderson Chemical Company in
Macon. I served as Comptroller for the City of Macon
from 1962 until December, 1966. My predecessor as
Comptroller of the City of Macon was a Mr. Kelly Gun-
nells who was killed in an automobile accident in 1962.
Prior to his death in 1962 Mr. Gunnells had served as
Comptroller of the City of Macon for approximately
twenty years.
During the time I served as Comptroller of the City
of Macon I was aware that during at least a part of that
time there was an outstanding lease of the Baconsfield
Swimming Pool between the Board of Managers of Bacons-
feld as lessor and the City of Macon as lessee. While
I was not completely familiar with the terms of this lease,
which I knew had been in existence for several years
prior to my taking office as Comptroller, I had read the
lease and did know that the lease provided that if there
was any profit made by the City from gate receipts to
the Pool over and above the City’s expenses for main-
tenance and operation of the Pool that the Board of
Managers of Baconsfield was to be paid a part of that
profit.
(936] It is my understanding as a result of my service
as Comptroller of the City and my association with em-
466
ployees in that office some of whom had been there fo;
several years before 1962, that the City of Macon had
suffered an overall financial loss during the time it
operated the Pool and indeed had suffered a loss each
year the Pool was operated by tae City in the sense that
expenditures for upkeep and maintenance exceeded. the
proceeds of the paid admission of those who came to se
the Pool.
During the term of my office as Comptroller of the
City of Macon I had a request from a member of the
Board of Managers of Baconstield for a financial state.
ment relative to the Pool as to whether any profit had
been realized by the City in regard to the Poe: since its
construction. Such a completely accurate determination
could not be made without a study of various City ree.
ords but I recall notifying the Board after an extensive
study of such records that no profit had been realized.
It is also my understanding from my service as Comp-
troller of the City of Macon that the City at no time
during the term of the lease to the Pool ever paid any
money whatever to the Board of Managers of Bacons-
field pursuant to that provision of the lease which pro-
vided for a division of any profit between the City and
the Board of Managers of Baconsfield.
I am giving this affidavit in order that it may be placed
in evidence in further litigation in the above captioned
case in regard to Baconsfield Park. I could and would, if
necessary, swear to the truth of its contents in open Court.
[937] This 19th day of August, 1967.
467
/s/ Wrstey Houiey Lone, JR.
Wesley Holley Long, Jr.
Personally appeared before me the under-
signed, an officer duly authorized to ad-
minister oaths, Wesley Holley Long. Jr.
who having been placed under oath swears
and affirms that the foregoing statement is
true and correct in every respect. »
This 11th day of August, 1967.
Wis B. Sparks, 3rp (L. 8.) (N. P. Seal)
Notary Public
Bibb County, Georgia
468
[939]
(Title Omitted)
Biss Superior Court
Seconp SuPPLEMENT TO MOTION FoR
Summary JupcMent As AmMenpep—Filed August 28, 1967
Come now Guyton Abney et al as Successor Trustees
under the will of the late A. O. Bacon and W. B. Sparks,
Jr. et al as the “Sparks Heirs” of Senator Bacon, the time
for filing evidence in this case having been informally ex.
tended by the Court from the time set at the hearing on
June 29th so as to include the date of filing this document,
and add the following evidence to their presentation:
1. An affidavit of Mrs. Mary Budd Kearnes with an
attached letter from then City Comptroller Holley
Long to Charles E. Newton, such affidavit being marked
“Exhibit H”.
2. A certified copy of the order of Bibb Superior Court
in a Condemnation Case number 9865-M, such certified
copy being attached hereto as “Exhibit I”.
3. A certified copy of a lease between the Board of
Managers of Baconsfield as lessor and Charles E. Nash
as lessee appearing at Book 588 Pages 147-150 in the
office of the Clerk of Bibb Superior Court, such cer-
tified copy being attached hereto as “Exhibit J”.
4. A certified copy of an amendment to the lease filed
as “Exhibit J”, such amendment appearing at Book 588
Page 146 and said copy of said amendment being at-
tached hereto as “Exhibit K”.
5. A stipulation of Counsel in regard to “Exhibit H”
to “INTERVENORS’ SUPPLEMENTAL Response”, such stip-
ulation [940] attached hereto as Exhibit “L”,
3
<
469
g. An affidavit of Ralph B. Jones identifying certain
graphs as having been taken by him with an
envelope attached containing the photographs so iden-
tified, such affidavit and photographs being attached
hereto as Exhibit “M”.
photo
/s/ Jones, Sparks, Benton & Cork
Joxes, Sparks, Benton & Cork
Attorneys for the heirs of
Senator Bacon and the Trustees
under his Will
FA DIOP Mapes mp mip ERNE NE PER RE PN Reape -
470
[941]
Exuisir “H”
(Title Omitted)
AFFIDAVIT
I am Mrs. Mary Kearnes, an assistant trust officer of
the First National Bank and Trust Company in Macon,
Georgia. I am the same Mrs. Mary Kearnes who testified
on deposition in this proceeding on April 24, 1967,
For several years Charles E. Newton, former Chairman
of the Board of Managers of Baconsfield, served simultane.
ously as head of the Trust Department of the said Bank
and as Chairman of the said Board of Managers during
which years I worked under his direction in the Trust
Department. Various records and checkbooks of the Ba-
consfield Board of Managers were kept at the Bank during
that period because of Mr. Newton’s connection with the
Board and because tlie Trust Department performed cer.
tain bookkeeping functions for the Board. They are still
kept there as of this date, the Bank having an agency agree.
ment with the Board of Managers presently in force.
Mr. Charles E. Newton is not presently discharging any
duties at the Bank having been largely confined to his home
for over a year by ill health after suffering what a layman
might term a “stroke”.
Through my work as an assistant to Mr. Newton I have
become familiar with the set of check books he kept with
regard to the Baconsfield Board of Managers. I know of
my personal knowledge that these records which extend
back from the present day until a time before the construc-
tion of the Baconsfield swimming pool in 1947 or 1948 re-
Pe
471
flect all receipts of income, the sources of said income and
the connection in which said payments were made.
(942] At the request of Mr. Willis B. Sparks, Ill of
Counsel for the heirs of Senator Bacon and the trustees
under his will I have just completed a thorough review of
the said records and can attest that they do not reflect any
payment to the Board of Managers of Baconsfield by the
City of Macon at any time or in any year made pursuant to
the terms of the lease of the said pool by the Board to the
City dated December 21, 1948, by which the Board in a
cause on page 3 of the lease was to have received fifty
percent of any profit made by the City over and above the
City’s expenses for operation and maintenance of the said
pool. On the basis of my review of these records I can
testify with certainty that the City never made any such
payment in any amount to the Board of Managers of
Baconsfield. This, I believe, is also corroborated by the
fnancial statements incorporated in the minutes of the
Board of Managers which statements, I believe, fail to
reflect any payment by the City to the Board pursuant to
the pool lease.
Attached to this affidavit is the original of a letter dated
September 26, 1963, to “Mr. C. E. Newton, Jr.” as “Chair-
man, Board of Managers of Baconsfield” from Mr. Holley
Long as Comptroller of the City of Macon. The letter is
three pages in length including a final page consisting of a
listing of revenue and expenditures in connection with the
City’s operation of Baconsfield Pool year by year from 1948
through 1962. The “Mr. C. E. Newton, Jr.” referred to is
the same person elsewhere referred to herein as Mr. Charles
E. Newton.
This original letter is one kept by the Trust Department
of the First National Bank in the regular course of its
business.
EF pn: Tar Oeil ae ce oe
472
This letter by its terms is one written in reply to letters
to Mr. Long by Mr. Newton dated April 3, 1963, and July 3,
1963. I have been unable to locate the copies of these two
letters written by Mr. Newton in the Bank’s files.
[943] This affidavit with the accompanying letter of they
Comptroller Holley Long are given in order that they may
be placed in evidence in the above captioned case Le. in
further legal proceedings in connection with Baconsfield,
I do swear and affirm that the contents of this affidavit are
true and correct in every respect and that I could and
would, if it were necessary, swear to the truth of these
contents in open Court.
This 25th day of August, 1967.
/s/ Mrs. Mary Kearnes (L.S.)
Mrs. Mary Kearnes
Personally appeared before me an officer
duly authorized to administer oaths Mrs.
Mary Kearnes who having been placed
under oath does swear and affirm that the
contents of the foregoing affidavit are true
and correct in every respect.
This 25th day of August, 1967.
/8/ Mary Hester Ricnarpson (N. P. Seal)
Notary Public,
Bibb County, Georgia
473
(944)
Crry Haun
City or Macon
GEORGIA
Ep Wison Dan TIDWELL
Mayor Mayor Pro-TeM
September 26, 1963
Mr. C. E. Newton, Jr. Baconsfield File
Chairman, Board of Managers of Baconsfield
First National Bank & Trust Company
Macon, Georgia
Dear Mr. Newton:
This letter is in reply to your letters of April 3, 1963 and
July 3, 1963, requesting information concerning revenues
and expenditures at Baconsfield Pool.
Attached you will find a table showing revenues and ex-
penditures for each year, 1948-1962. The information shown
on this table includes total revenues from all sources. The
expenditures on this table indicate routine expenditures
for salaries of personnel employed exclusively in the pool
operation and for minor repairs and general operation of
the pool.
The annual expenditures shown do not include many other
items, such as capital expenditures for improvements.
For instance, we had the following expenditures for im-
provements in the years indicated :
1948 $4,999.57
1960 6,079.21
1962 6,360.55
$17,439.33
oi ms A - SOTO LET LES PIE EPO ; ei CRE be PEAS * — |
i ai ee fi SOV ee MOSES Pee ? ‘
Se pR ing, TBS oP ‘ Pio Pee. ree :
474
There are many other expenditures which would require
a more detailed analysis of city audits to develop specif.
cally. These expenditures include such items as locker
rental (the revenues shown include revenue from renting
lockers to the public) and charge-outs for extensive work
performed by the general labor [945] force of the city.
In my opinion, on the basis of figures already in hand
and on the basis of known expenditures not specifically
accounted for without a more detailed audit, the pool has
shown a net loss since 1948. If you feel that you would
require further detailed information, we will continue to
develop items of cost other than those outlined in this
letter and on the enclosed table, but I am confident that
expenditures will considerably exceed revenues for the
period 1948-62. Of course, I will be happy to meet with
you to discuss the matter or to go over our books with
your accountant, if you think this will be helpful.
Sincerely,
Ho.tiey Lone
Holley Long, Comptroller
City of Macon
HL:mg
EAE OLOE DL IOLE E : OOL REE LR SSRI ILE LOO ES —_—
475
BAcONSFIELD PooL
$174,781.15
Revenue Expenditures
$ 4,407.20 $ 4,407.20
9,304.10 8,210.54
10,068.80 13,341.22
9,837.52 9,904.81
13,163.90 11,359.90
11,201.75 11,119.35
12,649.45 12,040.17
10,914.95 10,733.79
12,037.70 10,118.98
12,276.85 11,550.69
12,599.26 10,183.22
14,748.09 11,001.34
14,253.95 7,130.12
14,551.75 8,249.23
12,765.88 8,118.33
$151,150.56
476
[947]
Exuisit “]”
In tHE Superior Court or Biss County, Georgia
[TITLE OMITTED]
ORDER
Pursuant to the Return of Honorable T. Coleman Blood.
worth, the Special Master appointed and chosen by the
Court to hear evidence and make an award in the above
captioned matter, in which said Return an award was
made to the condemnees in the sum of $131,000.00; and
said amount having been paid into the Registry of the
Court.
Ir IS HEREBY CONSIDERED, ORDERED AND ADJUDGED that
said award be and the same is hereby made the decree of
this Court.
The Clerk of this Court is hereby directed, pending a
final judgment in the case of Charles E. Newton, Jr., et
al v. City of Macon, being Case No. 25864 in the Superior
Court of Bibb County, Georgia, and upon which a final
order in this Court was entered on the 10th day of March,
1964, to deliver said sum unto Mr. C. E. Newton, Jr.,
in his capacity as Chairman of the Board of Managers of
Baconsfield, petitioners in said Case No. 25864; and said
C. E. Newton, Jr., in said capacity, is hereby directed to
invest said funds in short-term United States Govern-
ment securities—-all to be held subject to the further order
of this Court.
la i to ET a A cee a ee —
477
cage
(948)
this 26 day of March, 1964.
So ORDERED, ;
O. L. Lore .
JIS.CMC. i
Fen IN OFFICE, ;
96 day of March 1964 i
w LAVINE
Deputy Clerk
;
AER Ear ee HA
Na ERRORS Oot
ae
MOSTAR
&
5
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i
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a
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478
[949]
Exuisit “J”
588/147
Recorded, Oct. 20, 1948
Georcia Bras County
THIs contract, made and entered into the 17th, day of
October, 1947, by and between the Board of Managers of
Baconsfield, hereinafter called Lessor, the first party, and
Charles E. Nash, of Bibb County, Georgia, hereinafter
called Lessee, the second party,
Witnesseth:
That Lessor, in consideration of the rental herein agreed
to be paid by Lessee, and of the other covenants and agree-
ments, as hereinafter set out, does hereby demise, lease
and grant unto Lessee, upon the terms and conditions
hereinafter set forth, and for the period of time designated,
the following described real estate, to-wit:
Description of Property:
All that tract of parcel of land situate and being in the
East Macon District of Bibb County, Georgia, and in that
tract of land known as “Baconsfield”, devised to the City
of Macon by A. O. Bacon in his last will and testament,
which is on file and of record in the office of the Ordinary
of Bibb County, Georgia, and which is more fully described
as being that part of Baconsfield bounded on the southeast
by Emery Highway, formerly Broad Street; on the north
west by Boulevard Baconsfield, sometimes referred to as
Spring Street, and sometimes as North Avenue; and on
the cast by a forty (40) foot street which extends [950]
———
ASS ES SINE GER RR St Ceram
479
For Transfer to Corp. of Mercer University
See Book 552 Page 671 :
_day of Sept. 1953 |
For transfer & cancel
see Book 552 page 673
Sept 15—1953 B. a.... D. C.
Deep Recorp Boox 588, Biss County, Grorcia
(950] northerly from Emery Highway to Boulevard Bacons-
field, all as will more fully appear by reference to a blue
print copy of a map made by E. L. Gostin, C. E., on Dee. 3,
1945, hereto attached as Exhibit “A” and by reference
made a part hereof. ~
Term of Lease.
This lease shall begin on the date upon which posses-
sion of said premises is delivered to Lessee and shall ex-
tend for a period of ten (10) years from that date.
Delivery of Possession
Within a reasonable time after execution of this lease,
and as soon as Lessor can have the buildings now on the
demised premises vacated, Lessor will deliver possession
of the premises to Lessee. All buildings now on the prem-
ises shall then become the absolute property of Lessee
except the Fruit Stand now occupied by Bowen. Lessee
agrees that he will, as soon after delivery of possession as
possible, and within a reasonable time, remove all buildings
now located on the premises except the Bowen Fruit Stand
which shall be removed by Lessor.
GRADING OF PREMISES:
Lessee Covenants and agrees that immediately upon
being delivered possession of said premises, he will under-
—
FR De SEER ee 8 62 AR ARIST MPO ARES EL Get eee ‘
i aa a |
480
take to grade that portion thereof designated upon said
blue print as “Ravine”, that being all of said tract lying
between the “Brow of hill”, as indicated upon said plat,
and the said forty (40) foot street. In grading or filling
the said ravine Lessee shall construct, or cause to be
constructed, a culvert, or sewer, either of concrete or other
suitable material, over the branch which extends under
Boulevard Baconsfield through the said ravine to Broad
Street, of sufficient size to carry off all water which or.
dinarily drains and all flood waters which occasionally
drain down said branch. The grading shall consist of
filling the said ravine to the level of Boulevard [951]
Baconsfield and thence grading same down to the level of
Broad Street, and shall be so constructed that when the
forty (40) foot street is graded and opened, the grade of
the property demised shall be even with the grade of such
forty (40) foot street as constructed on an invarying
grade between Broad Street and Boulevard Baconsfield,
The cost of removing said buildings (except the Bowen
Fruit Stand) and of such grading shall be borne by Lessee,
In consideration of Lessee bearing this expense, Lessor
contracts and agrees that it will credit Lessee with fifteen
months rental (amounting to $3375.00) which shall acerue
as the first maturing monthly rentals under the terms of
this lease.
RENTAL:
Lessee agrees to pay as rental for said demised premises
the sum of Two Hundred Twenty Five and 00/100 ($225.00)
Dollars a month for each and every calendar month during
the period of this lease, but beginning 90 days after de-
livery of possession to the Lessee, the same to be paid
in advance on or before the 10th, of each month, the rentals
for the month in which the term begins and the month in
REE ROE RAT ON ONT PIL SOT EN Os OR
481
which the term ends to be prorated according to the num-
ber of days in such month.
Use of Premises:
Said premises are to be used by Lessee for the purpose
of conducting thereon, or allowing to be conducted there-
on, a first class, shopping center. No manufacturing busi-
ness and no garage for the repair of automobiles shall
be conducted upon said premises, nor shal! any spirituous
or malt beverages be sold thereon, nor any skating rink
or dance hall conducted thereon.
In defining the use to which these premises can be put,
it is the intention of the parties to provide that no business
perations shall be carried on therein which will be
or 0
offensive or obnoxious.
(952] Improvements By LESSEE
The title and ownership of such buildings as maybe
erected on the demised premises shall be as follows:
If this lease should not be renewed, as herein provided,
at the end of the original term, or at the end of the first
10 year renewal term, then in either of these events all
buildings erected by Lessee, his assigns or sub tenants,
upon the demised premises, shall be and become a part
of the land and revert to Lessor upon reversion of the
land; but if this lease should be renewed for both the
first and second renewal periods of 10 years each by
Lessee or his assigns, then and in that event the buildings
shall not become a part of the land but may be removed
by lessee or his assigns at any time within a period of
four months after the expiration of 30 years from this
date, upon the payment by Lessee of $2500.00 in cash for
this privilege; and in the event of removal of the buildings
AL REE Aah PERT RNR ON aT ER NEE OS
> he ae oe fi
OIE LER Ripe ag RR G Ir TPA RSG NS BNaN EL NPN TN I IAD a
» s Ci eA IES ais Ailes Spi ieee nse
482
by Lessee, he shall be obligated to clear the premises anq
leave the land in good order clear of all debris within
the period of four months. If the buildings are not remoyeq
within the four months period they are to become a part
of the land and revert to Lessor upon reversion of the land.
Insurance:
Lessee contracts and agrees at his own expense to keep
all improvements upon said premises fully insured against
loss and damage by fire and windstorm, by taking out
extended coverage insurance “in the usual form, to the
approximate insurable value of such improvements, in al]
of which policies Lessor and Lessee are to appear as the
named insureds as their interest may appear, and to
cause to be furnished to Lessor certificates of all such
policies. In the event of damage to or destruction of any
improvements upon said premises [953] occurring during
the term of this lease or during any renewal term, here.
inafter provided for, then Lessee agrees to immediately
repair, rebuild and replace all such damaged or destroyed
improvements, with improvements of equal value. Lessor
agrees that the proceeds of all such insurance policies may
be so applied.
Release from Liability
Lessee will make all repairs of every kind to the build-
ings and improvements and Lessor is released and relieved
from any obligation to make such repairs. Lessor is also
released and relieved from any and all obligations to pay
for any city services and from any liability for taxes im-
posed against the demised premises; and is released and
relieved from any obligation to see that all city ordinances
and regulations are complied with.
Lessee hereby released Lessor from any and all liability
for injury to person or property however the same may
BEER OLLIE
483
CAREER ATS
arise during the term of this contract, and covenants to
indemnify Lessor against any loss or damage which it
may sustain on account of any such injury or damages.
SRR Rae
BANKRUPTCY
In the event Lessee shall be adjudicated a bankrupt, or
should a receiver be appointed for Lessee, or any of his
property, then Lessor shall have the option to terminate
this contract immediately and to at once take possession of
the demised premises with all improvements thereon, with-
out any liability to Lessee, or to his trustee in bankruptcy,
or to such receiver, for any unamortized value or cost of
such improvements, and without any liability of such
Lessee, or such Lessee, or such trustee or receiver for
tal after the date upon which possession is so taken.
{POET TCT IT
SR POTENT ES
RIES
ren
Waiver or HoMESTEAD AND AtTorNEYs FEES
Lessee hereby waives and renounces for himself and
family [954] any and all homestead and exemption rights,
which he or they may have under or by virtue of the laws
of Georgia and of the United States as against any liability
that may accrue under this contract.
PRY RRR ANET INE REE
PANE TILDE OEP
Lessee further agrees to pay 10% attorneys fees on any :
part of said rental that may be collected by suit or by an
attorney after the same has become due as provided by law.
ASSIGNMENT AND SuUBLETTING
This contract is assignable and Lessee may sublet all 4
or any portion of the demised premises and of any im- }
provement which may be constructed thereon but all as-
signees and all statements shall hold subject to all of the
terms, provisions and conditions of the contract.
After buildings and improvements to the value of at
least $50,000.00 shall have been erected on the demised
Sree ae + iz PE) OMEEL DG E AP DS CIN
484
premises, Lessee may transfer and assign all his interest
in this lease contract to a corporation and in that event
and upon such corporation’s asumption by proper corpo-
rate action, of this lease and of all and singular, the duties,
obligations and liabilities herein imposed upon Lessee,
Lessor will accept such corporation as its lessee and re.
lease Lessee (the lessee named herein) from all future
liability under this lease, such transferee or assignee there.
after to hold under and subject to all other terms, proyi.
sions and conditions of this lease.
DeFavuLt By LESSEE
It is agreed that if as many as two installments of rent
herein contracted to be paid by Lessee shall be in arrears
at any one time, or if the Lessee shall fail to perform any
of the terms covenants and conditions hereof, and such
default continue after thirty days written notice to pay
or perform be served upon Lessee, then Lessor, if it so
elects, may enter upon said premises, and repossess and
enjoy the same as though this lease had not been made and
without any accountability to Lessee for any unamortized
value or cost of any improvement upon sold premises.
In the event possession is taken by Lessor because of
default, as herein provided, whether through legal pro-
ceedings or otherwise, such repossession [955] shall not
be considered as relieving Lessee from his obligation to
pay the rent up to the date upon which possession was so
taken and further in such event, Lessee shall have no
further right, title or interest in and to such demised
premises, and this contract shall be considered as ter-
minated.
These rights of Lessor are cumulative and are not re-
strictive of any other rights which Lessor has under the
—— — 2 PAT, EBs AnD wa EP LEY
2 LP am DR ay
law, and failure of these privileges at any particular time
shal] not be construed to constitute a waiver thereof. |
ReqUIREMENTS AS TO NorIcE
The mailing of a letter or other written notice addressed ;
to Lessee at 431 Nottingham Drive Macon, Georgia, or
the direct delivery of any such letter or written notice i
to Lessee, shall be a sufficient compliance by Lessor with :
any requirement as to a written notice herein provided
for, such notice to be deemed as given at the time of such
mailing or such personal delivery. It is provided, however,
that Lessee shall have the privilege of designating an ;
FR Neo)
agent resident of the City of Macon to so receive a copy B
of any such notice, with the further privilege of changing ;
from time to time the address to which such notice shall ;
be mailed to Lessee and of changing from time to time
the agent upon whom such copy shall be so served.
es he
(956]
RENEWALS;
So long as Lessee is not in default hereunder, either as
to the payment of rental, or as to compliance with any of
the terms, provisions and covenants of this lease, Lessee
shall have the privilege at any time prior to the expira-
tion of the ninth year of the term of this lease, of renew-
ing the same for an additional period of ten years, at the
same rental, and upon the same terms, conditions and pro-
visions as herein provided for; and likewise, shall have
the additional privilege during the first nine years of such
renewal term of so renewing this lease for an additional
such ten year period. No such option to renew, however,
shall extend beyond the second renewal term of ten years,
so this lease cannot be extended beyond a period of thirty
PRP TN TART RT OS eM
4
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486
years from the date upon which the same begins except
by a new agreement between the parties.
CovVENANT OF PEACEABLE Possession
Lessor covenants with Lessee that it has the right to
lease the premises for the term and upon the conditions
herein specified and that Lessee on paying the said Renta)
and upon keeping and performing the covenants herein
specified by him to be kept and performed, may and shall
peaceably and quietly have, hold and enjoy the said de-
mised premises for the term hereinabove specified and for
the two additional renewal terms in the event of the exer.
cise of the options to renew as hereinbefore provided.
Successors aNp AssIGNs:
This contract in its entirety shall bind the successors in
office of the first party and the heirs, executors, admin.
istrators, successors and assigns of the second party.
APPROVAL BY ATTORNEYS FoR LESSEE
The title of Lessor and its power and authority to make
this lease shall be subject to approval by attorneys for
Lessee, [957] and if in the opinion of Lessee’s attorney it
is necessary to have any court order to perfect title or to
authorize the making of the lease, such order shall be ob-
tained by Lessor. In the event Lessor is unable to obtain
such order of court as may be required by Lessee’s attor-
ney after making a reasonable effort to do so then this
lease shall be void, and of no further force or effect and
neither party hereto shall be under any further duty, obli-
gation or liability to the other hereunder or in reference
hereto.
In Witness Whereof, the parties hereto, Lessor (acting
by and through its officers duly authorized by its resolv-
487
tion), have hereunto set their hands and affixed their seals,
the day and year first above written.
Boarp or MAnacers or BaconsFIELD (seal)
By: Dr. W. G. Lee
Chairman of the Board
Attest: C. E. Newton Jr.
Secretary of the Board
Lessor:
Charles E. Nash (seal)
Lessee
Signed, sealed and delivered by Lessee in
the presence of:
Rosa B. Morgan
Celia S. Lucas (N. P. Seal)
Notary Public, Ga., State at Large.
Plat recorded in
Plat Book 20, Folio 32
(C.G.) (2-28-50)
Signed, sealed and delivered by Lessor in
the presence of :
Rosa B. Morgan
(Celia S. Lucas (N. P. Seal)
Notary Public, Ga.
Notary Public, Georgia, State at Large
My Commission expires January 20, 1950
Filed in Office: Oct. 20, 1948 at: 9 A.M.
Recorded, Oct. 21, 1948
ASAE ORME SET MEE ONY AAS
LIT ALN AE REE RN NL IE,
POLAT
4
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:
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488
[959]
Exuisir “K”
Book 588, Page 146
This Contract, made and entered into the 30th day, of
March, 1948, by and between the Board of Managers of
Baconsfield, hereinafter called Lessor, the first party, and
Charles E. Nash, of Bibb County, Georgia, hereinafter
called Lessee, the second party,
Witnesseth :
That for
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