The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1892-04-29
The County Court and the Turnpike,

EDITOR HERALD:-It is known that
the Supreme Court at its late term at
Nashville forfeited the charter OF the
Columbia * Mt. Pleasant Turnpike, and
that the County Court of Maury County
ut its April term decided to operate this
road as pay turnpike, and toll Is now
being taken at IT'S gates.
The facts no longer especially concern
the former owners of this turnpike, but
by the action of the Supreme Court and
the County Court they have become OF
general public interest, and as such this
article proposes to treat them. They are
of general public Importance from the
fact that if the facts held by the supreme
Court to be causes Of forfeiture are to be
applied to all turnpikeS, the day Is not
very distant when the charters of ali
turnpikes will be taken from them.
In view Of this probability the import
ant question is: What can and what
ought to be done with these forfeited
turnpikes? In the case of the Mt. Pleas
ant pike, the County Court decided to
take charge of it and run it as Il pay
turnpike, and they are now so running
it.
Then first, what can lawfully be done
with Il turnpike whose charter has been
forfeited? What is Il turnpike with its
charter forfeited? 1t is not Il turnpike
amy longer. 1t is simply a public road,
with no other rights OF privileges than
any other public road. Bear this III mind.
As such public road il is free to all traN-
elrrs, ana the County Court has control
and management OF it, as she has OF ali
other pubic roads, no more.
Let il be borne i'll mind also, that when
a company prUcUrcS Il charter to build Il
turnpike they must first procure the
right Of way and title to the rOad-Ded,
either by git or purchase; when TINS Is
done the rOad-Dcd becomes their prop
erty. All tine improvements they puI
upon it, including grading, metallng
bridges, culVertS, lighthouses and lots
becomes their property. y forfeiture OF
the charter does not forfeit this property.
\ forfeiture of the charter simply de
priVeS the company from any longer
using their property as a pay tuEnplHe
The right and title 10 their property still
remains in them. This was shown by
the Supreme Court i'll the Mt. Pleasant
case. The court WAS asked and urged to
put Il clause III their decree declaring the
road-bed and the other property for
feited to the County Court They refused
and said they simply decided that the
charter was forfeited.
This decision is in perfect accord with
the law and the facts. For the State her
self in 1874, sold this turnpike and its
property to the company ana maze them
a deed therefore. In her deed she uses
this languagc:
"Now, therefore, the said State hereby
reIinquishcs all her right, title and in
| terest in said turnpike road, its fran
chises and privileges and property, and
confirms title thereto"
The State by her Supreme Court DID
not. and could not go back on her deed
and left the right to the rOad-bed ano
other property still the property OF the
| com i,InY with the single restriction thai
| they could no longer use IL as Iol
| turnpike.
Then recurring to the important ques
! ton. What rights does the County
| Court acquire in a turnpike, whose char
ter has been forfeited?
4 Iii. "
| but under the control of the turnpike
company. When the charter is forfeited
| it is still highway, but then the control
| attaches to the County Court. But the
County Court has no other right III IL
on authority over it, than she has i'll an
other public road. This brings Us down
to the main question.
The County Court has taken posses
sion of the Mt. Pleasant pike, and all Its
property, and is now running it as a pay
! ing turnpike. Has she u riSht to do 1t
| and if so, by what authority?
! The only authority that has been as
certained on this subject, is code l4l9-SC
| and I503-4-5. l479-SO provide, that II {
| Turnpike Company fail for months tC
| keep their road i'll repair, their charter
| may be forfeited, and i'll such case, the
! County Court shall have the control anC
management of the turnpike. This
| simply means that the turnpike is nC
| longer turnpike, i'll a legal sense, but
! common highway, and the County Court
| shall control and manage II, us she does
! all other highways.
| Sections i5O}A-5 provide that when {
| turnpike is sold under execution or {
decree OF court, the County Court may
| redeem it, as her own property, ana may
| then run it, as paying turnpike, unueI
! the charter of tile company, from whom
| she purchased it; and in like manner
NAV receive and run turnpike, Whel
! it is donated to her, by the company.
| There is no authority i'll these sec
| tiOns or any where else, given tho
| County Court to run turnpike, as
paw road, whose charter has been tor
! feited. She can only run turnpike, as
! Il pay road, where the turnpike Is glVeT
| to her, or where she redeeInS 1t Ano
then she must run it, under the charter
of the company from whom she ac
quires it. When Il turnpike is donated
| to her, or she redeemS it, the charter Is
still in existence, and she must operate
| it under that charter, no other. When
| the charter is forfeited, it is dead, ano
| the pike cannot be operated under IL
/ No road is turnpike without charter
| No toll can be taken for travel over Il
road, without authority, given by char
| ter, from the State, for the purpose.
This is supposed to be 4 county of law
| and the County Court, like everybody
/ else. is supposed to act, and be gov
! crued bv the laws. Then if there is nC
! law authorizing her to run pay road
under Il forfeited charter, and can only
run such pay road, by redemption Oh
| gift from living company with char
| ter in full effect, how can she lawfully
run the Mt. Pleasant road, now without
| a charter, and mere public highway
And how can she, in like manner, run
all the other turnpikes, many OF which
in the near future, are expected to Do
| forfeited? y. CiIlZEN'