The Federal Reporter (Annotated), Volume 167: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. April-May, 1909. Page: 999
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PUNDT V. PENDLETON.
(each of the said petitioners) has been committed to the common jail of said
rounty as a road defaulter by us for a term of thirty days, may be discharged
from prison by paying the penalty adjudged by us for four days at $12, also
the further sum of $1.75, costs of this suit.
"(2) It is further agreed that petitioners in this case applied for and ob-
tained the sanction of the writ of certiorari, which came on for hearing be-
fore Judge Fite at Dalton on 12th day of October, 1908, and that, after argu-
ment on the motion to dismiss, the court ordered and adjudged that the
certiorari in each of said cases be dismissed upon the ground that no notice
had been served upon the opposite party in interest as required by law, and
that the judgment of the court below be affirmed, and that each of said peti-
tioners in certiorari and his surety on his bond pay the costs of said proceed-
ing. And further ordered that the execution of the remainder of the sentence
of imprisonment imposed by the road commissioners be suspended until the
22d day of October, 1908, and that each of said plaintiffs in certiorari then
appear and abide and perform said sentence of imprisonment. That the cer-
tiorari in said cases was not heard upon its merits. That each of the peti-
tioners in this case appeared at Ringgold on the 22d day of October, 1908,
and entered upon the execution of the sentence of imprisonment rendered by
the road commissioners imposing the sentence of imprisonment for a term of
thirty days in Catoosa county jail. That they and each of them were so im-
prisoned and were in the custody of James B. Pendleton, jailer of Catoosa
county, at the time their petition for writ of habeas corpus was made in
this case, and at the time the writ of habeas corpus was served.
"(3) It is further agreed that the lands on which Ft. Oglethorpe is situated,
where petitioners resided at the time they were required to work the road, was
acquired by the United States by purchase with the consent of the Legislature
of the state of Georgia as expressed in an act of the General Assembly of Geor-
gia as set forth in Georgia Laws 1890-91, vol. 1, p. 200.
"(4) It is further agreed that all the roads on Ft Oglethorpe Military Res-
ervation, and all the roads on Chickamauga and Chattanooga National Park.
and the road from Ringgold to said park, as well as the road from Lafayette
to the Tennessee state line, aggregating about one hundred miles, are main-
tained, worked, and kept up by the United States government. That the roads
on Ft. Oglethorpe Military Reservation are worked and kept up by the
Quartermaster's Department at said reservation.
"(5) It is further agreed that Geoige L. Kennedy claims to be a resident
of the state of Alabama; D. A. Mowery claims his residence in the state of
Kentucky; G. K. Peavey claims his residence in Dooley county, Ga.; W. A.
Pundt claims to reside in the state of Texas.
"(5a) It is further agreed that the certiorari proceedings in the cases of
each of these petitioners against L. R. Williams, C. S. Benton, and A. D.
Beaver, district road commissioners of Catoosa county, so far as may be nec-
essary qn the investigation of this case, be submitted as a part of the evidence.
"(6) It is further agreed that Ft. Ozlethorpe was designated and established
in compliance with the laws of the United States.
"(7) That petitioners can resign and quit their employment by the govern-
ment at their option, except as bound by contract.
"This 5th day of November 1908.
"[Signed] John W. Henley, Asst. U. S. Atty., for Petitioners.
"W. E. Mann, Atty. as of Record."
The statute of the state of Georgia on the subject of road duty
"All male inhabitants of this state between the ages of sixteen and fifty
shall be subject to work on the public road."
To this general duty there are certain exceptions not material
The petitioner was employed as a teamster in the Quartermas-
ter's Department in the United States army in connection with
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The Federal Reporter (Annotated), Volume 167: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. April-May, 1909., legislative document, 1909; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38213/m1/1009/?q=%22English%22: accessed November 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.