Schley County GaArchives History .....Legal Opininon For The Ellaville Town Council 
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M.J. Weaver MtnMaJane@webtv.net October 30, 2007, 6:13 pm

State of Georgia
Schley County

We, Wm. Allen, H.H. Allen, Aurelius Allen as principles & M(arion) J(ackson) 
Wall as security, all of said county & state and held and bound unto Robt. 
Burton, W.J. Sears, J.C. Lasseter, S.E. Eason (&) W. Allen, Commissioners for 
the Town of Ellaville in said county for the time being, & their successors in 
office in the sum of five hundred dollars subject to the following conditions:

The condition of the above obligation is as follows:  Whereas the said firm 
(known & distinguished as the firm of Allen Brothers) has this day applied for 
license to retail spirituous liquors, which license is about to be issued.  
Now, should the said firm, well & truly, during the continuance of said 
license keep & maintain an orderly & decent house, then this obligation to be 
void; otherwise of force.

This Feb. 18th 1870

Allen Bros., Principles
M.J. Wall, Sec'ty

Approved, W.J. Sears, Clk., Town Council



To the Commissioners of the Town of Ellaville:

Gentlemen,
In accordance with your request that we should investigate and report on the 
legal status of your body and the extent of your authority under the charter 
granted you in 1859, we have the honor to submit the following opinion:

1st-The election held in the Town of Ellaville on the first Saturday in 
January last past for five commissioners of said town was informal, but legal 
(see Code section 1361 & 1362).  We are not informed as to whether the 
managers of the late election issued Certificates of Election to the parties 
receiving the greatest number of votes, (in accordance with the 4th sec. of 
the Act incorporating the Town of Ellaville) but if they did not we 
respectfully suggest that such certificates be issued "nunc pro tunc", this 
is "now for then".

2nd-The Commissioners have no power other than is given them by the Act 
incorporating the Town which powers are enumerated in the 5th section of said 
Act.  They may tax retailers of spirituous liquors, within the incorporated 
limits of the town provided the fees and licenses are at least as much in said 
town as are required by law in the county (see sec. 1435 Code).  The sale of 
spirituous liquors in less quantities than one quart make the seller a 
retailer (code 1437).  But we find nowhere in said act that the commissioners 
are empowered to require license of vendors of spirituous liquors who sell in 
quantities not less than a quart.  Your satisfactory proof that any person or 
persons are engaged within the corporate limits of Ellaville in retailing 
spirituous liquors without a license from the Commissioners, so to do (unless 
license had been obtained prior to the late election of commissioners) an 
ordinance of the Commissioners prohibiting said act would reach him or them.

3rd-Any person selling or retailing spirituous liquors within the corporate 
limits of Ellaville without first obtaining license from the commissioners, or 
the Ordinary are subject (for each violation) to the fine set forth in 
ordinance 16, but which we think should be modified so as to conform to 
section 566 of the code, and that you instruct your Marshal in any and all 
such cases known to him to go before the proper authority and make the 
necessary affidavit in accordance with the 571 section of the Code, in order 
that all those who live within the corporate limits of the town, and violate 
section 566, may pray to the county the forfeit named therein, or procure 
retail license from the Town Commissioners, or such other license as is 
required by law.

C(harles) B(ritton) Hudson
C(harles) F(redrick) Crisp
attys at law




Rec'd Ellaville, Geo., May 14th 1870 of John N. Cheney, clk. & treas.  Twelve 
dollars & fifty cents for professional services rendered Town Council of 
Ellaville.

Chas. F. Crisp (signed)
Atty. at Law






Additional Comments:
These documents are from the estate of Harria C, Manning.

The above transcription is actually 3 separate documents, in impeccable 
condition considering their age.  These documents have been so very well 
preserved as to rival something written yesterday, let alone something penned 
137 years ago.  The documents are all related and as the legal opinion is not 
dated, I have guessed as to their proper sequence.  The last one, a receipt 
for the legal opinion rendered, I feel confident, bears the actual signature 
of Charles Frederick Crisp, atty., judge, U.S. Congressman and Speaker of the 
House of Representative and although I can not prove it, I feel certain that 
the legal opinion written for the Town Council of Ellaville was penned by the 
same Chas. Frederick Crisp.-HH



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