Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-06
THE COURTS.
OHANcEar. COURT 4wurr's GREEK TURN
cts,aaf,,, faat ,nnA . -. ,,,,,,;or


yesterday in regard to the Whites Greek
turnpike case, granting the injunction.
As this case has excited considerable in
terest, and was also brought up yesterday
in the County Court, before proceeding to
make any mention of Chancellor East's de-
oisioD, We will give short history of the
case, as obtained yesterday by the UNION
AND AMERICANS reporter from the Com
missioners aud from legal gentlemen en-
ployed in the case.
At the January term, the County Court
of Davidson directed the Road Commits
sioners to open the gates of the Whites
Creek and Brick Church turnpikes, be-
cause the Commissioners had reported to
the County Court that those turnpikes
were not kept in proper repair. The
Road Commissioners also reported to the
Court that they had notified the officers of
the turnpikes to show, by report made
by said officers to the Commissioners, that
all the net receipts of the road had been
applied to repairs; in other words to re-
port that the officers of the road had COM
piled with the law. That report, the
Commissioners say, was never furnished
them. The Road Commissioners reported
these facts TO the County Court, and the
Court then directed the Commissioners to
open the gates. Nevertheless, the Court
concluded to give the officers of the turn
pike reasonable time to make the report.
The turnpike officers failed to report, and
the Commissioners then notified the
Superintendent and President of
the Whites Greek Turnpike Com
pany to put the pike in repair, or
they, the Commissioners, would throw
open the gates. The officers Of the pike
$50 say the Commissioner paid no az
tention to this notification, and defied the
Commissioners; and filed bill in the
Chancery Court, praying that the Road
Commissioners be eDioined from opening
the gates, or interfering in any way with
the road. efE t II
| The counsel for the Road Commission
ers were Bate and Williams, and Rice and
| Thompson. The attorneys for the turn
| pike were Messrs. Demoss and Malone.
| Sometime since an injunction was granted
| by Chancellor East. Counsel for the Road
| Commissioners demurred to the bill Of
complaint upon the ground that
| the County Court had exclusive
jurisdiction of all matters pertaining to
county roads, and that the Chancery Court
| udU no JuIhO4CllOu, 6uSSOoLlbS tAoe bAc
remedy of counsel for the turnpike COM
pany was by a mandamus from the Circuit
Court upon the Commissioners to do their
| duty properly. The Chancellor held that
the Ohancery Court did have jurisdiction,
and upon the allegations of the bill, which,
for the present, he had to take as true, he
lad properly taken jurisdiction and had
properly granted the preliminary injunc-
ton.
| Chancellor East delivered an elaborate
| opinion in this case yesterday, which from
its great length we are compelled to con-
dense, presenting synopsis of the points
as stated to us by one of the counsel en-
ployed in the case.
The Chancellor states that the act of
1865, permitting turnpike companies to
close their gates and take tolls, even though
the roads we're out Of that repair in which
they were required to be by their char
ers, provided that the net profits of the
road were expended upon the road for re.
pairs, was a statuatory pardon Of all delin.
quencies, and gave such companies the
undoubted right to close their gates and
exact toll of all travellers, even though the
roads were not in proper repair, so long
| as the net proceeds were expended upon
the roads. TNote.-The bill filed by the
Whites Greek Turnpike Company al.
legged that the net proceeds had
been faithfully expended, and more thar
the net proceeds, III repairs on said road,
Judge East thought the Commissioners
had no jurisdiction of that question. Re.
porter. The chancellor, in his decision
declined to say whether the act of 1865,
appointing Commissioners and giving
them the power Of closing the gates of the
company was a valid act. But it was in,
timated, as was thought by counsel, thai
if it had been necessary the Chancellor
would have held that said act was uncon
stitational The Chancellor however held
| upon the supposition that there wai
LA valid act, that the duty o.
the Commissioners was confined simply
to passing upon the condition of the road
and that they had nothing to do with tbs
question as to what expenditures had beer
made on the road The Chancellor hello
further, that the action of the commission.
ers was purely ministerial and in no sense
| Judicial; and that their action was not the
action of the County Court He held also
that the only remedy of complaint was by
an Injunction, that no appeal was other
4
missiOners, that the County Court could
not review or reverse their decil oD; and
that if the Chancery Court did not take
jurisdiction, to act by injunction upon
them, it would leave the taking of the
property of complainant to the simple dis
erection of the commissioners, who were nc
portion of the Judiciary of the
| State. The Chancellor therefore
overruled the demurrer of defend
ants, thus epjoining the commissioners
By reference to the County Court report
1 it will be seen that the County Court has
authorized an appeal to be taken, If de.
/ PENDANTS counsel should 30 advise. In 6
| case of this sort, however, where demur-
| rers are overruled, it is the opinion o.
counsel that it is within the discretion o.
the Chancellor to either allow or refuse an
| appeal to be taken.
| RAILROAD GASES
| In the Chancery Court the nURc prt
| tune affidavit in regard to the Memphis
| GAINESVILLE i Louisville railroad was argued
| yesterday, but no action was taken by the
| Court
| A reference was made yesterday to the
| Clerk and Master in the case of the Win
| chester and Alabama railroad, instructing
him to report the road at not less than
| $500, 900 in State bonds, the company
and the stockholders having, as in othel
cases, ninety days in which to purchase
| and the road to be sold by the State Com
missioners if not purchased before the enc
of ninety days. This was the only agreed
railroad case submitted to the clerk yes
terday, SO far as we are advised, but i
will be seen by an advertisement published
this morning that proposition has been
made in regard to the Nashville and North
western railroad.
RECORDERS CoURT.-S. Markoritz ant
NJ Rodstein, assault and battery, fined 5!
each; George Woddell, same offense, fined
| $40