The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1892-04-01

use II Tor their beneht, they Will build M
a magnificent road. Yes certainly. BY
this means they will get what they have
been so long and so systematically fight
ing us for, a road free of toll. They say
they propose TO divide the stock with all
the land owners along the line-certainly.
This gives the land owners free passage.
but the poor without land, will pay full
prize and thereby keep up the road. We
will wait and see whether the County
Court will allow this.
Our company has also procured a new
charter TO build turnpike over our old
road-bed. We propose TO ask the County
Court to allow us to build this new pike
over our old road-bed and thus retain our
property.
Mr.. Frierson is aware Of our purpose,
and he attempts to defeat us by publish
ing string of distorted facts in reference
to our management of the turnpike, hop
ing thereby to so prejudice us as that the
County Court will take our property with
out paying therefor, and either give IL TO
their company or use it for county pur-
poses.
TO show more fully the peculiar feelings
entertained by Mr.. Frierson for our COM
pany, and the purpose with which he pub
lished his article, it is necessary TO state
that he was one of the principal, il not
the main instigator of the past trouble
and litigation. He in person indicted the
was too narrow, when he and his father
and grandfather, the father and grand
father of his associates, had used and trav-
eled the turnpike for fifty years with
ont complaint. When in fact they were
the cause of the contraction by putting
their fences out upon the road bed. He
took it into his head he would not pay his
toll, and the company was forced TO sue
him. He Travelled all about the country
getting up proof TO prejudice aud damage
the company. He himself made strong
and damaging witness. TO lessen the tolls
and thereby cripple the company, he
opened a shun-road through his planta-
ton around toll-gate No. g. He is not
content to cease his opposition with the
destruction of our charter, but he comes
at us, through the public press with re-
newed vigor His TRADE OF charges are
nearly Gll incorrectly stated or over stat
ed, as propose now to show.
His greatest grief is, and has been that
we were so cruel, SO autocratic and domi-
neering as not TO allow him and his con-
federates to run the pike in their own in
terest, but that we actually had the hardi-
hood TO make them pay full rates, and
refused absolutely 10 let them pass for
about = of what others had to paw
He charges that we admitted that our
profit the first year was - per Ct on
the capital invested, and upon this
hypothesis he bases much Of his abusive
article. We admitted no such thing, for
the facts were not that way, as shown as
follows. The Turnpike Commissioners,
after examining our books, reported on
oath, to the County Court, that we had
expended $1,000, more in improving the
road, the first year, than we took in Then
what becomes of Mr. FriersOn's reckless
assertion and his calculations and conclu-
sions thereon? We spent the second year,
in improvements, about 81 300. and the
third year about 81, 900. So that the net
profits for the first three years was mere
plttance. We did not improve 80 much
the 4th and 9th years, and the net income
for each Of the two years was about 81 900
to 81 200. Then take out of our net profits,
the large amount Of costs and lawyers fees
our adversaries have caused US to pay, and
where is the vast dmonnt of money we
have made | would like to see il. Be
sides the net income Of the road, we have
ed largely of our private means in pay
n ent for the road and still owe of the
original debt about $500
1t is true that one witness states that
Horace Rainey told him in causual CON
verSatIOn the pike was paying a good
dividend, and his rcc0iCctiOH was that divi-
dend was p pr. ct. Horace says his
recollection is at fault. He simply told him
the dividend was satisfactory, and he did
not tell him il was p p. Ct. for the fact was
not that way. The witness was examined
two years after the causual conversation,
and evidently misunderstood or misremem-
bered what Horace said To him.
Mr.. FriersOn charges us with tyranny
autOcracy, and oppression in filing bills
against the patrons Of the road. True we
filed such bills Let the facts and the
DEGREES Of the courts, decide who was in
fault.
lie says we filed a bill against him in
" uich we swore he had opened a shun
road around gate 3, through his planta
ton, we did so swear.
He swore he did not, the Supreme
Court upon the proof taken, said we swore
the truth and ordered him to close the
road, and he did close il.
We filed bill to close a shun road at
Polk Station. The Supreme Court said IL
was a shun road, and ordered il TO be
closed.
We filed bill to close a road opened. by
H. r. Gillespie and Others around gate No.
/. The Supreme Court said il was a shun
road. and ordered il closed.
We filed bill to close a road opened by
A y. Akin through his place. The SUI
preme Court said IL was not shun road,
and dismissed our bill.
We filed a bill against Goodwin e Far
rcll to prevent them from opening a road
around Gate one, to brick yard bought
bv Goodwin from Farrell. Mr.. Goodwin,
like a gentleman, recognized our right,
paid us $50 for the use of the pike, and
we dismissed the bid.
This is a simple Statement Of the facts
about these suits. Filing these bills were
terrible crimes in Mr.. Frierson's estima-
ton, almost as hienous, as refusing him
rates over the pike.
The Supreme Court said we were right
i'm all the cases, but the Akin case.
If we had not filed these bills, and cut
of the travel around the gates, our road
would not have been worth one cent.
As to the 4th gate Mr.. Fricrson says we
had no right to move il. That is 50, for
the Supreme Court has so said. We thought
we had a right TO move il, under "A statute
| of this state, but the Supreme Court says
we were mistaken, and we submit. Mr..
! FriersOn says we moved il TO catch persons
! coming out Of Cook Hollow. lie is mis-
! taken The Cook Hollow road enters the
! pike between the sites Of the old and new
| gates We expressly instructed the gate
! keeper not to charge any person coming
out of Cook Hollow and no such person
was ever charged. Our main purpose for
! moving this gate, was to avoid filing bills
! to close two shun roads, one on either
! side of the toll gate.
NJ. FriersOn says our pike was only IL
miles long, and we had gates, one toe
many. The state put the gates there
she run the road with the 4 gates Their.
about 40 years. She sold the road and
made deed to IL with the 4 gates there
! we bought il with the gates as the state
! sold il, and nobody ever made any Objec
| ton, until Mr.. Frerson and his friends
attempted to force us, TO yield to their de
mands for rates.
| He charges that the road sadly dete
riorated after we got it, and that the re
| cord so shows. / think Mr.. FriersOn sesttl.J;
! mistakes the facts. II is true that he, anC
| a number of his witnesses, SO swear. Blu
the county Road Commissioners went owe
! the road 10 or y times, while we run IL
and examined il carefully, and under oath
| reported, after each examination, that thu
! Portable and safe for public use. The
| concluded one Of their reports in the fol
! lowing words. We fid DiOrc prejudic
| thai, Jad road.' Judging from the wilC
! statements in Mr. FriersDns article, / an
afraid he still labOrs under this prejudic'
! Nearly every witness, not tainted viii
! this prejudice, made about the same state
| ment as the commissioners. This class o
| witnesses said, the road was in better con
ditiOn, under our management, than Il
| had been since before the war. We spen
| about s. 900 in improving the road, the
| first years Of our management, and KEEP
! il in good condition as long as we owned ID
Mr.. Frierson says we charged Mr. Farrell
| toll for going from his house % his barn
! lie is mistaken We instructed the gate
! keeper never to charge Mr.. Farrell, eXcep
when he went south beyond his farm.
He denies there was a combination q
| destroy the company. He admits IL, OF
oath, in his deposition. In his article ID
SAYS they agreed tO stand together II
In. IN Ia