Jasper County - Butts County Boundary Dispute

By John Harvey

In 1915, shortly after the completion of the Jackson Lake Dam, a dispute broke out between Jasper and Butts Counties over the location of the county line.

Actually the dispute had begun in the late summer of 1914 when some of the residents along the river who had always considered themselves as Jasper County residents, received tax notices from the Butts County Tax Commissioner.  Contributing to the dispute was the question of the location of the dam and the amount of taxes paid by the Central Georgia Power Company which should go to each county.  In 1914 the amount of power company taxes that had been divided between the two counties was $80,000, with Butts receiving $70,000 and Jasper $10,000.  Jasper felt that it should receive more.

Both counties brought evidence as to where they thought the county line should be drawn.  Butts argued that the General Assembly had set the boundary by law in 1829 at the east bank of the Ocmulgee River.  Under this law, the Butts County commissioners considered the high water mark on the east bank as the county line.

Jasper, on the other hand, said that the treaty made with General McIntosh in 1825 had stated that the Indian lands began at the west bank; that the island in the river had belonged to the Indians and that the State of Georgia had accepted the treaty without question and had never questioned it.  Jasper County commissioners held that the boundary was the west bank with the exception of the islands.  Jasper also contended that the division of tax money should be $50,000 to $30,000 rather than $70,000 to $10,000.

Both counties appealed to the Georgia Secretary of State, Phil Cook.  On May 12 1915, Cook decided that Jasper County should get a larger share of the tax money but didn't say how much and he did not rule on the boundary question at that time.

Jasper County commissioners, feeling that nothing had really been done, filed suit in the courts.  When the case was set for spring session of court in Jackson, Jasper laid claim to the middle of the river, asked for a change of venue and appealed to the State Supreme Court to enter the case.  A change of venue was granted to move the case to McDonough.

Gov. John M. Slaton, now entered the dispute.  He ordered Capt. L. W. Robert to complete his recently begun survey of the boundary and file a report with the Secretary of State.  The Secretary of State was then to make a decision as soon as he received Capt. Robert's report.

In the midst of these events, The Monticello News carried a story by Tom Penn giving the location of the disputed land.  It consisted of 800 acres on the east bank of the river at the dam and coming back to the present bridge on Georgia Highway 16.  The land is split by Herds Creek.

Shortly after receiving Capt. Robert's report, Secretary of State Cook ruled that both counties had legal basis for their cases but he was setting the middle of the river as the boundary with the island to go to Butts County.  The court verdict on the sharing of tax money from Central Georgia Power was decided by giving Jasper one third and Butts two third of all money to be divided.

It was said  that both counties were dissatisfied and planned to appeal to the Supreme Court.  Plans were apparently dropped when Central Power was absorbed by Georgia Power Company shortly after the decision of taxes.

Additional Comments:
Transcribed by Suzanne Forte (suzanneforte@bellsouth.net) April 2005,  from copies of articles contained in the Monticello News. There articles were prepared by Mr. 
John Harvey and published in this newspaper during the 1970's and 1980's time frame. Some were under the title "Jasper Reflections", others "Bicentennial Bits".
Permission has been granted by Mr. Harvey for use of these very valuable and informative articles.

Copies of articles provided by Benny Hawthorne.