[The Cobb County Courier is republishing some of our earliest articles. When many of these articles were first published, our readership was less than 10,000 per month. Now that we’re in the 150,000 page view range in a average month, we thought our new readers might enjoy some of these]
In light of the recent incorporation of Mableton into a city, we thought these documents about how the city was defined and chartered in an earlier incorporation might be interesting to readers.
Mableton was first a city between August 19, 1912, and August 17, 1916. Below are the documents from the Georgia legislature incorporating Mableton, and then dissolving it.
The Cobb County Courier first published this in January of 2019 as part of an occasional series called “Cobb County history through documents.”
Both these documents were retrieved from the Georgia Legislative Documents initiative, which is available through GALILEO on the Cobb County Library website.
Note that the legislation incorporating the city is much lengthier than the legislation dissolving the city.
The incorporation of Mableton
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1912
TITLE I. MUNICIPAL CORPORATIONS.
1912 Vol. 1 — Page: 1085
Sequential Number: 247
Short Title: MABLETON, TOWN OF, INCORPORATED.
Law Number: No. 626.
Full Title: An Act to incorporate the town of Mableton, in the County of Cobb, State of Georgia; to define the corporate limits of the same; to provide for a Mayor and Councilmen and other officers for said town, to prescribe their manner of election and their term of office; to prescribe and confer on said Mayor and Councilmen certain duties, powers and privileges; to provide for the enacting of all necessary town ordinances; to provide penalties for the violation of same; to provide for the levy and collection of taxes, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Mableton, in the County of Cobb, State of Georgia, be and the same is, hereby incorporated, and the bounds and limits of said town shall include all of lots of land numbers 36 and 35, containing forty acres, each, more or less, and all of lot of land number 34 lying south of what is known as the Powder Springs and Atlanta public road, leading by the A. Y. Moss old stand, all of said land lying and being in the 17th district and second section of Cobb County, Georgia, and also all of lots of land numbers 1294, 1295, 1296 and 1297, containing forty acres, each, more or less, and all of lots of land numbers 1222 and 1223 lying south of what is known as the Powder Springs and Atlanta public road, leading by the A. Y. Moss old stand, all of said lots and parcels of lots lying and being in the 19th district and second section of Cobb County, Georgia. Said Powder Springs and Atlanta public road being the
northern boundary line of the limits of said town whenever and wherever the said road touches either of the aforesaid lots of land, said limits only including so much of the aforementioned lots as lie south of the said road.
[Sidenote: Mableton, town of, incorporated.]
[Sidenote: Corporate limits.]
SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a Mayor and four Councilmen, who shall have been bona fide citizens resident of said town for a full term of six months just preceding their election to office; said municipal government shall be styled the town of Mableton, and by that name are made a body corporate. As such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold, own, possess, sell and convey for the use of said town any real or personal property as is necessary for the use of said town. That the Mayor and Council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary to the good government of said town, the protection of the property therein, the peace, comfort, good order and convenience of the citizens thereof, and to fix suitable penalties for violation of such rules, ordinances, by-laws and regulations, and enforce such penalties when they have been fixed; provided, the provisions of this Act shall not in any manner interfere with a certain contract or agreement which has been or is about to be, entered into between the Commissioners of Roads and Revenue of Cobb County and the Southern Railway Company with reference to closing certain roads or streets in the village of Mableton and opening a new street
in the place thereof and also building a bridge across said railroad.
[Sidenote: Mayor and Councilmen.]
SEC. 3. Be it further enacted by the authority aforesaid, That said Mayor and Council shall be elected by the qualified voters of said town on any Saturday after the passage of this Act, after notice is given in writing signed by five or more of the citizens within the corporate limits of said town, and posted at three or more public places within said limits at least ten days before the day named in said election notice as the day for holding such election for Mayor and Council for said town. All other elections for Mayor and Councilmen shall be on the third Saturday in December in each year. The regular term of office for the Mayor and Councilmen of said town of Mableton shall be one year, commencing on the first Monday of each year, or until their successors are elected and qualified, except when a vacancy occurs by death, resignation or otherwise, such vacancy or vacancies may be filled by appointment and selection by the Mayor and Councilmen, in case of vacancies in the Council, and by the Councilmen in case of a vacancy in the office of Mayor, and persons so selected shall be duly qualified to fill such vacancies.
[Sidenote: Election of Mayor and Councilmen.]
SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at some convenient point near the center of said town, and after the same has been selected it shall be known as the voting precinct of the town of Mableton, subject to be changed by the Mayor and Councilmen after giving ten days’ notice in writing, posted at three or more public places in said town. The managers at all elections held in and for said town shall be freeholders, all to be residents of said town or a Justice of the Peace of the militia in
which said town is situated, and two such freeholders who, before entering upon the discharge of their duties, shall take and subscribe the following oath: “All of us do swear that we will faithfully and impartially superintend this day’s election, and make just and true returns thereof; that we will let no one vote in this election unless we believe he is entitled to vote in same, nor will we knowingly prohibit any one from voting who is by law entitled to vote; so help me God.” Said affidavit shall be signed in the capacity in which said manager shall act. Said oath may be administered by any person in said county authorized by law to administer oaths, or if no such person or officer can be conveniently had, said managers may each take and subscribe to said oath in the presence of each other.
[Sidenote: Elections, how held.]
SEC. 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be opened at 8 o’clock A. M., and kept open until 3 o’clock P. M., when the polls shall be closed and the managers of the election shall proceed to count the ballots, declare and certify the results thereof. They shall keep a list of all the voters who vote in the election, and a tally sheet showing the number of votes for each person voted for, and the person receiving the highest number of votes for the office voted for shall be declared duly elected, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of Council on the book of minutes, or other book kept for that purpose. Said record shall be evidence of the result of said election, and the authority of those elected to act. Said managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot box with the ballots and seal the same and
deliver them to one of their number, to be by him kept sealed without inspection for at least thirty days, and at the expiration of said time he shall destroy them without inspection, unless notice of a contest of said election is filed, the other shall be placed in a package and sealed and forthwith delivered to the clerk of said town, who shall safely keep the same, until after the result of said election has been declared by the Mayor and Councilmen at a meeting held for that purpose.
[Sidenote: Elections, how held, continued.]
SEC. 6. Be it further enacted, That all persons residing in the town of Mableton who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by him to said State, county and town, and have resided in said town six months just prior to the day of the election at which he offers to vote, shall be considered electors and entitled to vote in said town election, and no other shall be allowed to vote therein.
[Sidenote: Qualified voters.]
SEC. 7. Be it further enacted, That after his election, or appointment to fill a vacancy, as the case may be, and before entering upon the discharge of his official duties, the Mayor shall take and subscribe upon the book of minutes of said town before a Judge of the Superior Court, Ordinary, Justice of the Peace or Notary Public, who is ex-officio Justice of the Peace, the following oath: “I, — , do solemnly swear that I will, to the utmost of my ability, faithfully discharge all the duties of Mayor for the town of Mableton during my continuance in office as, in my judgment, will most promote the general welfare of the inhabitants of said town and the common interest thereof; so help me God.” And the Mayor, after having been so qualified, the Ordinary, or any Justice of the Peace, shall have full authority to administer a similar oath to
the Councilmen and other officers of said town, before entering upon the discharge of their official duties. The Councilmen shall likewise subscribe said oath in the book of minutes.
[Sidenote: Oath of Mayor and Councilmen.]
SEC. 8. Be it further enacted, That the salaries of the Mayor and Councilmen of said town shall be fixed by them at their first meeting after their election of each year, and the same entered on their minutes, and no change shall be made in their salaries during their term of office; provided, however, the salary of the Mayor shall not exceed the sum of fifty dollars per annum, and the salary of the Councilmen shall not exceed the sum of twenty-five dollars per annum. Said Mayor and Councilmen shall elect their marshals, clerk, treasurer and such other officers as are, in their opinion, necessary to carry out the provisions of this charter, fix their compensation and take such bonds as is necessary and usual in such cases, and prescribe an oath of office to be administered to them before entering on the discharge of their duties; provided, that no salary shall be paid any of said officers until a vote of a majority of said town shall recommend the payment of same, said vote to be taken at any regular election of Mayor and Councilmen of said town.
[Sidenote: Salaries of officers.]
[Sidenote: Officers elected by Council.]
SEC. 9. Be it further enacted, That at the first meeting each year of the Mayor and Council of said town, they shall elect one of their number a Mayor pro tem., who shall have authority to discharge all the duties of the Mayor whenever, from sickness, absence, or any cause the Mayor is disqualified, or cannot act.
[Sidenote: Mayor pro tem.]
SEC. 10. Be it further enacted, That there shall be a Mayor’s Court in said town, to be held by the Mayor in
the Council chamber, or some other convenient place in said town, as often as is necessary. Said Court shall have the right and power to preserve order and compel the attendance of witnesses, try all offenders against the laws and ordinances of said town; and to punish for contempt by imprisonment in the calaboose of said town not exceeding ten days, or a fine not exceeding ten dollars, either or both. In the absence or disqualification of the Mayor and the Mayor pro tem. of said town, any member of said Council may preside over said Court and exercise the power of Mayor of said town in the trial of cases.
[Sidenote: Mayor’s Court.]
SEC. 11. Be it further enacted, That the said Mayor’s Court shall have full power and authority upon conviction, to sentence any offender against the laws of said town to hard labor on the streets of said town, or any other work in said town, for a period not exceeding fifty days, or to impose a fine not to exceed fifty dollars, or to sentence the offender to the town prison for a term not exceeding thirty days; either one or all of said penalties may be inflicted on an offender after conviction, in the discretion of the Court.
[Sidenote: Punishment for violation of ordinances.]
SEC. 12. Be it further enacted, That the Mayor and Council of said town shall have authority to remove all nuisances in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they prescribe by ordinance or resolution. And they shall have power to prevent, by ordinance and suitable penalties, the running at large of stock, horses, mules, cattle, hogs, sheep, goats, or other animals in said town, and provide the impounding of such animals at the expense of the owners thereof, and for the sale of same to pay the expenses of such impounding, including feed bills.
[Sidenote: Impounding of animals.]
SEC. 13. Be it further enacted, That the Mayor and
Council of said town shall have control of the streets, sidewalks, bridges, alleys, cemeteries and all public property in said town, and they may prohibit any encroachment thereon, or interference therewith, and they shall have power to locate all cemeteries therein. They shall have power to lay off and open new streets and alleys, to widen and straighten any street and alley in said town, and for these purposes they may condemn the owner’s property in the manner now provided by law for condemning property for public use, the damages to be paid out of the treasury of said town.
[Sidenote: Control of streets, etc.]
SEC. 14. Be it further enacted, That the Mayor and Council of said town shall have power to pass any ordinance, not in conflict with the laws of the State of Georgia or the United States, to prohibit the storage or keeping for any illegal purposes within the corporate limits of said town any wines, beer, malt, alcoholic or intoxicating drinks of any kind, and to punish any person for violation of any such ordinances.
SEC. 15. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to require the railroad, or railroads running through said town, or any portion of it, to make and repair such crossings on their several roads whenever and in such manner the said Mayor and Council may deem necessary; to place or repair such crossings, or open up and keep open any and all crossings to any and all streets in said town; and the Mayor and Council may pass any ordinance needful for carrying out the provisions of this Section; and in case railroads, as aforesaid, shall fail or refuse to make such crossings within five days, or to repair same within twentyfour hours after having been notified to do so by the Mayor,
or the Mayor and Council of siad town, the Mayor and Councilmen shall have power to create and make same across such railroads and repair same at the expense of said railroad, and may issue execution therefor, and levy and collect the same as provided in the case of tax execution.
[Sidenote: Railroad crossings, repair of.]
SEC. 16. Be it further enacted, That said Mayor and Council shall have power and authority to require every male inhabitant of said town who has resided in said town twenty days, and is within the ages of from sixteen to fifty years, to work such length of time on the streets of said town as said Mayor and Council shall direct, not to exceed four days for any one year. Said persons so subject to work on the streets shall have the right to relieve themselves of such work by paying to said town authorities a commutation tax not to exceed five dollars per annum, to be fixed by ordinance, said work to be done and said commutation tax to be paid at such times as the Council may prescribe. Any person failing to work when required, and failing to pay such commutation tax, shall be punished in the manner prescribed by ordinace.
[Sidenote: Street duty.]
[Sidenote: Commutation tax.]
SEC. 17. Be it further enacted, That in all cases where any tax, fines, forfeitures, commutation, assessment, claim or license fees are not promptly paid when due, the Mayor of said town, on his own motion, shall issue execution against such delinquent for such sums as are due, and it shall be the duty of the marshal of said town to levy the same on any property of the defendant in such fi. fa., and if it be personal property, advertise the same at three or more public places in said town for ten days and sell said property at the expiration of said time on the day named in said advertisement, between the hours of 10 o’clock A.
M., and 4 o’clock P. M., to satisfy said fi. fa. If it be real estate so levied on, said marshal shall return the fi. fa., with his entry of levy thereon, to the Sheriff of Cobb County, that the property may be by said Sheriff advertised and sold in the same manner that all Sheriff’s sales are made; provided, however, if a claim or affidavit of illegality be filed to such fi. fa. and levy, the same shall be returned to the Superior Court of Cobb County, in case of real estate, ten days before the term of Court at which it shall be tried; or if such fi. fa. be levied on personal property such fi. fa. shall be returned in like manner to the City or County Court of said county for trial, or if there be no City or County Court, said fi. fa. shall be returned to the Superior Court. In either case the claim or illegality shall be tried as all other cases of like kind.
[Sidenote: Executions, when issued and how enforced.]
SEC. 18. Be it further enacted, That the Mayor and Council shall have authority to make such contracts as they may deem necessary for said town; to purchase, hold and sell real estate and personal property. They shall have authority to levy and collect a tax of not exceeding fifty cents on one hundred dollars upon all property, real and personal, within the corporate limits of said town, and upon all money and choses in action whose owner resides within the corporate limits of said town, which are subject to taxation by the laws of said State, for the general purposes of said town; said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in Sections 862 and 863, Chapter 2, Article 1, Page 222 of Volume 1, Code of 1910 of the State of Georgia, said property to be assessed at its value on the first day April of each year; provided, however, the tax payers shall first have the right to give in their tax under oath during the month of April, and when so given
in said assessors may, in their discretion, decrease or increase said tax returns so as to get at its true tax value. The expenditures of the Mayor and Council, including the salary of the town officers, shall be paid out of the general funds of said town, upon the order of the Mayor and Council, by warrant drawn by the clerk of Council upon the town treasurer, and countersigned by the Mayor, or, in his absence, by the Mayor pro tem. Said Mayor and Council shall have the right, without said board of assessors, to fix and collect, by execution if necessary, a special tax or license on all kinds of business, callings, professions, or occupation, carried on in said town, and to punish by proper ordinance any person failing to pay said tax or license fees before engaging in business.
[Sidenote: Power to make contracts.]
[Sidenote: Ad valorem tax.]
[Sidenote: Tax assessments.]
[Sidenote: Tax returns.]
[Sidenote: Special taxes.]
SEC. 19. Be it further enacted, That said Mayor and Council shall meet for the transaction of business at such times and places as they may prescribe; provided, said meetings shall be held in the Council chamber of said town, or place used or designated as such. At all such meetings the Mayor, if present, shall preside, and he may vote on all questions, three being necessary in all cases to carry any question or elect any officer by said body. A less number, in the absence of a quorum, may adjourn a meeting over to a future time.
[Sidenote: Meeting of Mayor and Council.]
SEC. 20. Be it further enacted, That the Mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules, regulations and resolutions of the town are faithfully executed. He shall look after the finances of the town, making reports to the Council, from time to time, showing the receipts and expenditures of all departments, and the status of said town generally. He shall have general jurisdiction of the affairs of the town,
not in conflict with the jurisdiction of the Mayor and Council as a body corporate. He shall have control of the police of said town, and may appoint special police whenever, in his judgment, it is necessary. He shall have the same powers of a Justice of the Peace to attest papers and administer oaths in said town and to issue warrants for offenses against the State laws committed in said town, and hold Court of inquiry and commit offenders to the county jail, in default of bond, in the same manner and under the same rules and regulations of the Justices of the Peace of said State.
[Sidenote: Mayor’s duties and powers.]
SEC. 21. Be it further enacted, That the marshal, deputy marshal, or any policeman lawfully appointed in said town, may arrest without a warrant any person reported to him as having violated any ordinance of said town, and carry such offenders before the Mayor’s Court for trial, and to this end may summon any citizen, or citizens as a posse to assist in such arrests. He shall inform the Mayor of the nature of the offence committed by the person, or persons arrested, and the Mayor shall enter on his docket such charges, with a reasonable specification, and the party or parties so charged shall be required to answer to the same without any further written accusation; provided, however, he or she shall at once be notified of the charge so preferred and be given a reasonable time to prepare for trial.
[Sidenote: Trial of offenders.]
SEC. 22. Be it further enacted, That the Mayor or Mayor pro tem., when any person, or persons are arraigned before the Mayor’s Court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said town, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security
for his appearance at the appointed time for trial, and from time to time until said case is disposed of, or be imprisoned to await trial. If such bond be given, and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the Mayor or Mayor pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The Mayor, Mayor pro tem., or acting Mayor, shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be, by order of the officer presiding, declared forfeited to the town of Mableton.
[Sidenote: Appearance bonds.]
[Sidenote: Forfeiture of bonds.]
[Sidenote: Cash in lieu of bond.]
SEC. 23. Be it further enacted, That it shall be the duty of the marshal of said town to prosecute all offenders against the State laws, where the offense is committed within the corporate limits of said town, and to that end they shall swear out warrants, or cause the same to be done, and arrest such offenders and carry them before the Mayor of said town, or some other judicial officer, for trial and commitment, and such officer shall hold a Court of inquiry and commit or discharge the accused under the same rules that obtain in such cases before a Justice of the Peace. It shall be the duty of the marshal of said town to keep order in said town; to serve all orders and execute all judgments of the Mayor’s Court, and discharge all other duties imposed on him by the laws, rules, ordinances and regulations of said town, and all orders, processes, writs and fi. fas. shall be directed to the marshal of said town and signed by the Mayor thereof.
SEC. 24. Be it further enacted, That the Mayor and Council of said town shall fix by ordinance the fees to be
charged by the officers of said town for the services performed by them, not to exceed the fees allowed the Sheriffs, Clerks, Tax Collectors and Justices of the Peace for similar services, and said officers shall never charge or accept, under any circumstances, any more fees than is allowed by such ordinance.
[Sidenote: Fees of officers.]
SEC. 25. Be it further enacted, That the expenditures of said town government, and the compensation of its officers, shall be paid out of the town treasury, on the order of the Mayor, countersigned by the clerk of Council. The treasurer shall keep a book in which he shall enter a true and correct record of all sums of money into his hands, with a memorandum showing the source from whence it came, and he shall in like manner make entries on said book of all sums paid out by him, to whom paid, the date of payment and the nature of the claim paid. He shall also take from the party a receipt for the amount so paid; said book and receipts to be subject to the inspection of the Mayor and Council, or any one of them, at all times, and to a reasonable inspection by any citizen of said town.
[Sidenote: Expenditures for town government.]
SEC. 26. Be it further enacted, That the Mayor and Council of said town shall have the power and authority to establish and maintain a chaingang for the purpose of working on the streets and elsewhere in said town such persons as are convicted for violating ordinances of said town and sentenced to work in said chaingang. And the Mayor and Council are empowered to pass all necessary rules and laws for the regulation of the same, not in conflict with the laws of the State of Georgia.
SEC. 27. Be it further enacted, That the Mayor and Council of said town shall have power and authority to
institute all sanitary measures necessary to the preservation of the public health, and likewise for the preservation and regulation of infectious and contagious diseases, and exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinances.
SEC. 28. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approval Date: Approved August 19, 1912.
The dissolution of Mableton
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1916
TITLE I. MUNICIPAL CORPORATIONS.
1916 Vol. 1 — Page: 778
Sequential Number: 272
Short Title: MABLETON TOWN CHARTER REPEALED.
Law Number: No. 435.
Full Title: An Act to repeal an Act approved August 19, 1912, incorporating the town of Mableton, in Cobb County, Georgia; providing a municipal government for same, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act approved August 19, 1912, Acts of 1912, pages 1085 to 1099, inclusive, be and the same is hereby repealed.
[Sidenote: Act of 1912 repealed.]
Sec. 2. Be it further enacted by said authority, That all laws in conflict herewith are hereby repealed.
Approval Date: Approved August 17, 1916.