# Appendix — Evans v. Abney > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0143%3A02 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1970 - **Citation:** 396 U.S. 435 ## Text SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 1968 No. 1106 E. S. EVANS, ET AL., PETITIONERS, v8. 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” bo6666 b66466666666666+6 4 pbbbooe 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, — * “ a ASMINISTBAT ICS 27 GORGIA Le Protest Cerere4 ia Applicetion, 5 Agzlicatisn Roe State Serial “oe g) - Pe aad Serial site Official (Ad=.) Project Noe f5-s4- 1077 Work Project Soo _ 244 Was ie ter Tpprovea Projects) Cs OF EXCECDITIAES TO BS “ADE PROT FEDERAL FCFDS OF TB PROPCSAL ite) EERECE TE, THE UDDERSTSNED LEGALLY AUTECRICED RSFRESETTATIVES CF TEE bo FAESY ATREZ THAT TE WILL FISAMCE SUCH PRT CH TH ETM? 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Protea F $P59308°s Ceet. Tate of qsteeatee Costs: Ss _ ovupens « bt i n+ a SPtthPTESICOCE = ln. ol ) ‘ i SATIT A, ee eo ie GS, WER) ee We Site S) ptetin, Ceurpagst 6 oTees Costs. ipo | | P i .% Tt LA F2Y 120 | 32-00 fod WET ES - nonce reotct COPLICD O1T! TEC GIGUIOTETS OF Tae Wears PRONM SS AsuIOFeTEATIOS, ace apryicatigs aiteatien OF Peees 18 ETELOT Gsed. : ; gh eemen ceerweete Tes? SET LES Teen TeETE-go0e PrecteTes 1e98' OF Tat Gest Te OC wsed 10 CDCEECTIOS 1a Ponceotne PROALCT #5 TO OE CEPTONTD Ped Sens GENTS Sece POOACT. . z . la , As To Ladet, oan e . ae ec: ‘$4 Goa twee COPY BOUND CLOSE IN CENTER 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 fox bivT Ht. Oe T /) Archivist of the pe 8 R By PEE ad Jat 7. // NAR 350 AUG 1 ies : suid Ng as b ces "3? © 9-2 SSRN ; ee OR. . . WORES PROGRES ADM WISTRATION OF GECROIA 24S POSTTH STREEZ BUILDING ATLASIA, GEORGIA Date Sevesber 23, 1998 AVIMORIZATI® TO COMMENCES fe} i A li ve er, crane Regen ree uorks Progress ee of Georgia - . PS 24 ; aw es axe * * 25 - : “ Chey of a anit thes rr ra a ae Sncheded tn this Menitation are work projects Mes. __... 5530) | t mpervedes cotmete bearing Seyeenre No Detod a RE ay qe ge ee oe a. Ra ae AOR Tae so PN ee ; — — wra + fiecua —— 139308. 8798200 | {__ 8798,00_| YY | 500200 ! : £90000 _ | —_— @ £4zxee eee i a SBcp 929° 200. | m+ ae ec ec- ecencmmmeseesoceeess -oo- = ed : 4 Ba } 3015.00: 9006.09 | 3202]3.00 | sertascen (exclading Supply Fund reserve)... . _._ 1, = OAD FRB OO | * aa use am wowtanen (excieding Sapply Fund reserve) } __ 32318200 ‘_.. 900G000__ 1 21539200 | 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 . COPY BOUND CLOSE IN CENTER : ‘ : ' ' t ! : ' oe a fee 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 a % 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 j do hereby agree that we will finance such part of the entire cnet thereo! as is not to be supplied =| fuads. i! i r agent... BL ¥, ene ape ee BY £ aRANAW, ASST” —" nekes, ier Pete — i COPY BOUND CLOSE IN CENTER vr) N ~* i eT re : 4: tee 7 &€ “(7 feowemnes mu, 40g , | “ “ MOLANISAIUOY epdoondy Lows ARES ig Se! IG, 0 se Soopers [SOCUPApENONR 20 864n,; punting fesepe, ~ OFT peddons zany, enna - nck é oz “Git Gooy 03 usages WU aoTeg a wo prmasoguy OY? YOetusany pa my, is Al tba , “kid Ad > Or eoyy be eeeee “eo, pp ve- ¢- WESIVA? ‘a9 yeray ef ae Rey te 7 fret ¢ - Zz “mp “wauetay > .- i --- _« es. COPY BOUND CLOSE IN CENTER —— 7 a i ind tet the operation — scorer of Wa presecotion le requested. A. Neca ml. he SA A taco SOO ee gene ene awe oe tmm.._£1bb = Lacon. somone Leeann symbol —24: “i. tonstruch a Peble Commun ty Claes Howse sn (acen | 23-3 or en me nee ees SA Katimated date of comptes Z- Le FF a a ae } |}———--— | ZTE RE | 22275... 77350 Nadie tne cc an redl regmeition, ev ether wt oyutet > (VO en eens charges | , Ottatad prajeet Wa Cele =P H- 2 -/ G4, f © 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 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 : , 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 “ Re a pene ~~ “é PF) Tile ag » - PROP re Soba. a ave on Re > 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 ~ ~ - 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 gape a I GRE RAE ES SEIN DONDE ANT EIIIS PI IN ARG OE BNE MEET LOI ES POO I me Rs : ad = , . Pe tS pepo = 4 analy -~ ee a- .m~. — Reoes _— A mewn teens j Pay-4 —— ° - bt 2 eK Bre OTe 480.00 9 6502.20 al ee ee er) SEE oe ee ee l | Siete alll eee : Pete had Fe eae Ren te | ~ 7 | fo] ’ » ! ‘ ‘ Pale o aH . rf tener - . te ae a r “Tl o¢ e- a = aan liietonetet italian atpnientitee | = = i -- - - a aba Gb a © -0>-9- O08 +. - - - -—— tL = -- | - - a of - —_— | —— * — — H a a | me = ” q I FOL, TOT k SA 3 perp oe oe LUE a i, aera aitie j j i j | _ o on | ° Lotte j-eteemene ~ ! ‘ ‘ at Ban t 288 aun ; RARE 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 ry 7 | re] . 2 eee. eet. ee: ee fareebed by ence! tov Lene rent bem Potered vel tude, = eer ed eee we wee oe i eee ee ee COPY BOUND CLOSE IN CENTER a aes Sake Be ED Sages SP" 990TT ft'ocoe gt*ooce ee°ss 9°s9 OC "008 00°08 oc*ocet @w*OOe1 Ow" ood Ooo Ce°tst OO° tex 84°42 SL°At8 Oe°rrz es°rr2 O0°stz 00°£S2 0L°s 9A°h ro° F oe 90°st e0°sT 90° “4° Oo* sts oO "tee eps aD § og"st os°t eq00r er°.e Sa°Le et°s he. | Wa'ot ez°orT ez° °sPpZ CO*OPTt 0O°ORT 00°C? sw 0O°st 00°s¢ st° aT oo*rs9 Cl‘sses s8°esp tte* *aq°bg vo°TD vO°Ts gI° que bg 06°49 00°L8 OS*T «= *age bg 02°6 02°86 oc’s "Te 00°O¢ 00°09 0o°t °4°T SO°TL9T «=v TLST PS°C7H = OR BZD 0°9 sabs OC *OL 00°04 00° ec | Oro =—s«O8 88 oo*se ma ve°itce ot* tee 60°se Ea 6e°e e12z 00°64 6P°OTTs ge°ts KOR 00° *T OO°eT one a oo*es 00°?? 00°T *au ge°oes oo*es eros B88 oreP 11 47> - Ter; yoery tos] "Tom Jay 4Uy wy C4 s08rsz05 Spry seuss G2] R204 *t! *3neg erry P-yqeyuzy, Tvy [wey Je3erts 82040) [Ron AVITAL 49% OUTd aT eyery Ooi *éme5 PoyxTr es Spurosp A4AOm IITA Puy seog Seday Suyyrqneny Ist Ite9 Peysoorys seq] SOT, TIM xroTog Puycyz eng Ake tTecse 3 cite gery er i ; ' : } COPY BOUND CLOSE IN CENTER 1 detby heme oe: ewe | tmerigtien of oparetine oe teature af wert (gree Wrenit-teows 67 dames, semurtaag iz] oe eae el) ep r} a -— _* _ : - & - |. oe marth © — *--2 1000.07 Gi at ote ot po ee ee | 426 | a + o> - semen wre eee eae. on od sec eeriti mess — = ae | Bes ieee ioe es i a oo = =: cares -_ | er - _ —— wang? —_—— ener cae — +O eee one wt oe — oonSe@uncesocs o _ See — “s ee ilies ee me an oa _— = eres hoo 7 comm unease + oe oe ome _—— pen sf >» a _ ae coe eee Bs ee die — - eee - - e+ oon ee toe aoe ee a eee mewewe noe cnvapeatowpoes = ae DOR SEES caDoSwese oo eeeree -——_ = sca dicedekshiennaibe-scinaahiaieiiaaaaitiiaie ‘ ~~ SS Ln Le ae atinidiaatas tia _— - rn bee a — = po oe ow Ld . sn alinetimcnneatinall eee we eee ae — mene . a FOF At 8 OF PERE? 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 Re TES . , > a . . SS sea YE, in RMA RCA in Ry CAIN AR ATR NI tS aR at tial la Pee ne p Yo] See > Ber t+ Bs Sere ' ve ve 7 ut 14 af) TOQBaq greed j nty Ruy soe. rag a dedeex ayy "Wpepasedrg PIV Qeatg , €epoweRi74u05 Puy ivospevy T8eTs{ oery Paty vey Buyqanig suman an Wiroy 4¥4 peystu Bae yy Orw ay por Way sien Payyute; SaoPCt EZ, Maj arney APORTIIN Pt ocexy wy rises) Mn OUTS STVGIey pure erasing Ss00T, PuruetuTE paw Paypusg PUETIeD pev asve ty log Puravrascy Rep sooy aeqer, Sapery A40m Ato" > 804 tM RON Ot \- 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 «reer osm 49 eat Mate) “Vii propet dearicdt- + ‘~ vlaced .s vyeration fag ad ven the art ie + Fd § vai af wa proeevutoom 8 Farmer sted / SOO / as ase Man ie, wor ga -t-- ee - le trol Ore f a : ; a - andl e A : P ‘© Mee Lwetion symbel, 4K .f yet (mah om wi , / , a a ee dympet Wing ‘. ip the eons’ Pat ‘fue cf @ j~ the Veamemmity Club youre ‘on the { Mect:s Pidbd Couct7Ye do] 1938 Var matet date of oe es ce tg date ; cit; -f dacce ae dail pbmtatior, § 24¢€em Inctaded m this hmutaion are work projets Neos _— pjeranivs eatimate (earing Sapeenw Naw Detod : cepeiies " cme amd amenunte cour yriee the ost entimate eeenty apprved. of the ebeva-dearribed perv act oF n= | a ae - “se. ~ - — Biv tn ae wre ters « F: wen & ee wra Fer mre wre Pye Rae nae nn “ a a 494 SEN O86 97. ou Ness *) 23%e?- —— ve ee _ 336 ee% SF ; '_iNete aK ev pe ieme wwe (esclotre Suppl) Pan reerrvey - ete Bor 1 Ale . ee Ne Sontam@ fexelohirg Serp'y Yost -warrve) 24 et fen $512 9S i ee aD I = nnentes > mene and mwatrsy lumttateor a. ee Ah ® vuiune (inetet.cg Suppl) Peo! eerrve) Sarg : E52e _liLe™ | aq Re = oF sen Mew, wer: pehug © f ; *ep Saoomy eH yD mem jo £355 eyrmnnte WD § ’ j versed 4g we ‘ 1) + Cpe Foun PpY (@) peoosd us qe Ge pe wnpagiaae.» (Be) ay pegrmetae oy ry pemnkud ergy Th propwent, 9) 114 O Beyuswai quarsnside vyer ip wip ioad | OSS “4°m - bOI-3-8-S90 enna aeitey |... ex aboot Wg Poreaet: Ajeminacnt © wt pepe Gee, sone Qe puerto ey po piel ss ey g , (0) few tensd ener saat aye P so) — ey F Mh. 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J 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 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 é = e } 4RF 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 ¥ : / ta 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 and in consideration of the mutual agreements of the parties, and the mutual benefits to accrue to both, the parties hereto do hereby amend and modify the Lease agreement entered into between them on October 17, 1947, in the following particulars, to-wit: Any and all Sub-Lessees of Chas. E. N ash, who so desire, may submit to Lessor herein a copy of his sublease and a copy of his building plans and specifications, for approval. As to any and all such Sub-Lessees whose lease, plans and specifications have been so approved by this Lessor, the following rights and privileges shall be available; [960] Deep Recorp Book 588 Biss County GEorRGIA Insurance: The interest of this Lessor in all insurance policies is- sued on the improvements which may be built upon said premise shall, so long as this lease is in full operation and effect, be subordinate to the interest of the Lessee herein or to any Sub-Lessee, or the assignees of either, only to the extent of such funds as may be used in the erection, improvement or rebuilding of improvements located on said premises; and on the further condition that the proceeds 489 of any such insurance policies shall be used by the Lessee, any Sub-Lessee, Or any assignee of either, for repairing, rebuilding or replacing such improvements as may have peen damaged or destroyed. Nothing herein provided shall prevent the interest of the Lessor herein from being para- mount, in such insurance policies, in the event the title to said improvement has, at the time they are destroyed, or pefore they are re-built, become vested in the Lessor under the provisions of this lease. AccepTaNce oF SuB-Lessees IN Event or Derautt By LESSEE In the event the lease should be terminated, as provided therein, either because of the bankruptcy of the Lessee, or peause of default in the payments of rent by the Lessee or for any other reason as provided in said lease, or should the Lessee fail to exercise any right of renewal granted in said jease, the Lessor herein agrees that it will accept as its immediate Lessee and tenant, each of the Sub-Lessees who may at that time hold leases or assignments from the Lessee herein, and whose sub-lease has been approved as aforesaid, and be governed by the terms of such sub-leases as to the property covered by such sub-leases. REQUIREMENTS AS TO NoTICcE: Lessor agrees that they will give to every Sub Lessee whose lease has been so approved, at his last known ad- dress, notice of any termination or failure of renewal of its lease with Mr. Charles E. Nash, and give such Sub-Lessee an opportunity to be and become an immediate tenant and Lessee of this Lessor, under the terms and provisions of such sub lease. (961] It is understood and agreed that, except as herein- above changed and modified, the original lease between t= aa IT AR EPSP vas tLe PPAR LI TAL ARS ONIR OOS 8 TERRE EYL ih si SOLID NEAGLE AL CRATE AOA Mi aL 490 these parties entered into October 17, 1947, shall stand yp, changed and of full force and effect. In Witness Whereof, the parties hereto, Lessor (acting by and through its officers duly authorized by its regoly. tion), have hereunto set their hands and affixed their seals the day and year first above written. Board of Managers of Baconsfield (Seal) By: Dr. W. G. Lez, Chairman of the Board Attest: C. E. Newrox Secretary of the Board Lessor Cuas. E. Nas (Seal) Lessee Signed, sealed and delivered by Lessor in the presence of: Rosa B. Morcan Ceuia S. Lucas (N. P. Seal) Notary Public, Ga., State at Large Signed, sealed and delivered by Lessee in the presence of: Joun E. Watson Crus S. Lucas (N. P. Seal) Notary Public, Ga., State at Large Filed in Office: Oct. 20, 1948 at: 9 A.M. Recorded, Oct. 29, 1948 Meera Neri Ben ated AE _—_— a 491 (963) Exuisir “M” Biss SuPERIOR Court Case No. 25864 Cuaries E. NEwTON ET AL., v. Crry or Macon ET AL. AFFIDAVIT I am Ralph B. Jones. I am now and have been [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0143%3A02. Public record. Not legal advice.