The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1892-02-26
THE TURNPIKE QUESTION.
A ReDIy to MIR. Rainey's Article.

u,D,,o1 DrNOC,R AT:-In your issue of the
attn inst. you kindly gave space l" MI w . D
stateni emit as he says, of facts by which IL
yould npppar that he and his associates a.
owners of the Central Turnpike, are mao
the victims of Il vicious conspiracy on tht
part of certain citizens OF the Sooi county %
Marry, and as result or sun Souat'i 10. az >
said citizens with the help OF the Stale: htNe
succeeded in violently rpbDlnS nun Oh pro,
perty for which he had paid his money and
to which he considers himself Justly emu
tied The owners of this propcrl Y, the 20
Ium bia Central Turnpike Co, as me puoIIt
well know, were deprived OF IhelI cLIaIte' tiS
a result of a bill liled in the name OF The
State of Tennessee in the Chancery court DE
certain REALTORS, of whom vas one. On tht
allegation as set forth in that bill ana from
the proof shown by the recoEu; Mmici y
went up before its august BODY, tne supreme
Court OF Tennessee adj judged thtt on accoun i
of the failure of the Turnpike 20. 10 comply
with IL. chartered obligations ami on ac'
count of certain overt and CsuptIoiS acL> VI
its part said Turnpike 20 "aS d Ilo ths fran.
chiseS GeuerouSip given it by the State, Aho
said Supreme Court forthwith proceeue" "
declare the charter forfeited .,,. .,o
Mir Raincv would have it appear that tne
grounds for forfeiture were not 10 DC "Il' ~
uted to negligence ana wilIul ul.s.,i csanSed
his mart but. on the contrary, We're cauSeu
by the negligence of his predecessors. oo,,.as
Mr. Rainey states there were Tour cause cause,
for forfeiture as given by the supreme Noui +
and his connection with said four causes l
will discuss later on
We wish to state right here that Mr.. TAI
ney's predecessors well knew mat lIle Toau
while under their administrator was NOT
up to its chartered reqairem entS ann actlh&
with such know ledge they did not eHano
undue rates of toll and did make reasonable
rates with their patrons. The travelling pub
lie and those living along tue turnpike, were
equally aware of The fact that the road was
not as its charter required, but since the
owners made reasonable concessions as u
rates and treated them in kind aud Sentle
manly manner, they were not dlSpoSed 10
raise the question as to the Improper
condition of the road. Under these VarIouS
former administrations quietude, pc ice aho
happiness had rei@ned for titly wears.
Ii would be folly for Mr.. Rainey to i'm
agine that thinking public would for on,
moment suppose that he bought the road
without being aware of its condition, OF
without knowing that it was not in the con
ditIOn required by its charter On the con
| trary 4: is n fact that Mr.. Rainey Iii thor
oughiy inspect the road and did examine ~
condition before purchasing II, anl COMO
not have but known its condition IS regari
TO its charter. He purchased the road WI
his ewes open, but the trouble with him wa
| that he had no sooner become inc prop'le
| tor than he imagined that all the people
| along its line were to live in con tltlOn OF
serfdOm, rendered so by his chartered prIvi
| legeS; and thus he was the car or au'"c't
| who should control their action; VINO Snpul"
saw when or where man might nave III
| greSS or egreSS from his own prnOerI WIltth
| er he should be permitted 10 htuI ne pro
| dncts TO market over roads thtt MS Il'hS
| and grandfather had travelled, or De tnrceu
| TO aba ndon these old roads ana 10 Cr'Eei
| tI,rse or fo1r times as great n distance in or
| dor IN mass through RaiueY'S tOll-Slta hhC
! add to his Golfers. The trouOle Win VT. h'I
| ney Law in the fact that no sooner n'i ne oe
| come possessed of the road than ne thonSh
thai his chartered rights were transcend den
| and his chartered Obligations were haus II,
I As a result of such thought we see hiih M
| medlately begin to advance ms rttes anu
demand The last farthing that statutory rate
| would allow.
An Indignant protest from his patrons, &C
compamed with significant snSSestipt
that he had better look well To the condition
of his road in view of his charter, caused MIA
| 10 hauIt and say that he would grant con
cession of 20 per cent discount IN rates bu
ne took care 10 mention that he would "pu
his road up to charter and then Wouii De
mand what was Justly ms own. Ihlt u
0nieted his mind with the thought that h
| did Su bgeuuently put his road up 10 ltN ctlaI
tered requirements, * evidenced o. the ~ c
that at the end of the nrSI Ee' ~ - 1t. -
mes his 20 per cent discount rtteS AMI ht
| mands the full statutory rates AMI wItlp Il
apy discount. The record furth,-r ShlNV~ Ia
while he was putting his rnli no 10 cha
| ta,,, he OK peudeu aDOut ,SlS)J iii'I year an
get IehnidI from his own statement ,
| shown by the proof in the rec'rD ne net u
: | ,o,,ra fh.it wear was . per cent IN the inVeN
, | nneniI II i further shown in tn rec BRO lh'
,,.c vra,s succeeding the first ycHr, his .,
nanditf-es were NOT h"if th">e of tie fir
70 r. the last Two wears scarcely ainHuhtll
Ia a,,ythiug. Furthermore, atieT he hf
year The ~ per cent discount ~..s Hi>coh !,
ned 20. u 'sing our ch"uiltipn npin III
| proof in the record ant as own Statement!
what reason have we Ia suppose 0tn s.y,i
,bun thaIaTe has slreIdy received dohbI
! ~. a,nouDI invested in said road, h1vin
operated it for six years
That he had lpecOme thoroughly aware ati'
: This that his road was not mp To cnlfter, " .
2 i'm fact far below the chartered req lire'nen
: is shown by his seeking 10 ''tineuI MS c.ia
a ter" 80 a. to have "a "A feet road, where Ia
charter requires n 30 feet r'ia I; Sn 'lS 10 pc
mil The grade to be > with tile hr1HD
when his charter expressly aid that no gre -
ar degree than g should be permitted.
| further sought by such amendments 10 aVo
the buiiding OF important and neces "a
a bridges over dangerous creeks, which oridS
his charter required, and the Ia urs u "a !.
: ,vhich was one of the causes for fo:Ieitur
And when the REALTORS to TINS forfeiture %
souSht TO have said orid geS bIilt, he gets .
| a pelitiOn aud circulates same among u
* os66ie near the west end OF his road, and
! | such petition sought 10 aud did persuade 70
, | Road Com missioners that SUCH bridges we