The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1892-02-26

We wish to show bv what means he Oh
tanned the signatures to his peiitlOn as to the
bridges above referred IN: The record shows
that one of the signPrs comes mp and swearS
that he did not sign the petition and that his
signature is n naked forgery: another Signer
who could not read. swear that Mr.. Horace
Rainev procured his signature by telling
him that IL was q petition not to require the
farm ers along the pike to move their fences |
back so as to make the road wider: another |
SwOre that Ii was represented TO him that II |
the bridges had TO he bnilt. that the tOll-gate |
would be moved beyond MI. Pleasant 50 that |
several swear that their signatures were pro-
cured nv making them helieva that IL the
bridges were built cod Uncle Jimmy Pugh"
would be turned of from keeping the gate
BY such mSrspreSen tatiOnS were the sigma
lures obtained.
wish now to discuss Mr.. Rainev's acii0ns
in reference to each one NJ his four gates.
He states that the improper removal Of the
first and fourth gates were causes assigned
by the Snrpeme Court as causes Tor t"rtci-
ture. When he came in possession ot the
road hP found the 4th gate 50 located that a
great many peOple who live in what Is
known as "COOk Hollow" cnuid come down
an old road, which had been in constant use
for 10 years and pass east of his toll gate ont
on the pike and 90 towards Nj. Pleasant.
He alSo found a road turned off the pike west
of his gate and led into the Cook Hollow road
mn TO a grist mill The condition of the pike
ali along its western end near this gate No.
1 was such thai il was only from tn u feet
wide, (hiS charter required az teeD which was
one of the grounds for forfeiture. Under his
administration bitches from II to ~ inches
deep were permitted to form across and
further he was not entitled 10 any Such gate |
since it made the 18th gate on only II miles |
of road, while the statute expressly forbade |
n greater number OF gates than one for every
five miles of road. (anOtRer ground for for
feiture.) notwithstanding these conditions,
he could not brook the idea that people
co uld come out of Cook Hollow and 90 tn
Mt. Pleasant without passing through his
"a te, Notwithstanding his yearly dividend
was more than y per cent. He thought that
people Knight 20 up TO the griSt mill from to-
wards Rockdale Furnace, leave their turn of
to a GRO M q a N In IS
ant without going through his gate was poi
son TO his mind. The burden on his soul was
picks up his gate and moves it between the
The Cook Hollow people and their pnStotfice
and market. For such an use rpatory act
the court takes away his charter.
At gate No. 3 ne files a bill to prevent nv
| happened to be on both sides OF his gate.
Swore that l went through my place my self
and permitted others To go through (notwtth-
standing l had printed notices on my gates
! furbidding passage) TO aVoi paying toll:
Swears that his revenues were diminished
| from = 10 Is by this passage.
| His gaze No. books We're not produced on
! TRIAL i had no way 10 disprOve his sworn
| statements as to his receipts, but produced
amy amount OF pT9T held I'D 5 1h9t since MS m
| CENTS had fallen Off (which cOuld not dis
prove, that was permit nS paST'yeS ana
that must lock my gateS.' which did.
| West of gate No. 2 Il road turned off from
! the pike and leads past Polk station out on
10 the CaanRn road about - mile trn m the
pike The Caanan road comes out on to the
hike east of gate No. ,. MIR. R1iney dies
! Hill 10 close mis- road leading from the pike
mast the station To the Caanan road. The
proof shows this has been a noted ana pup
| tic highway for 60 years. MI halney again
SwaarS thnf hIs gate fees reduced IN
scarcely anything at this gate by persons
going around to avoid payment of toll (hls
| nuaI diyIdend). The proof cannot be pro-
| cured TO diSprove his sworn statement as 10
! his "receiptS." So, as in the former case, he
secures the closing of this old and eStab liSh-
! ed roId. Consequently people coming up
from the Zion Church and md the saan an nc eoun
| tion and yet by this act of his cannot go IN
and unload their wagon till they continue
to travel tor one mile out on 10 the PIKE,
then down the pike one mile passing
through his gatel, then out To the station by
| the closed road. Thus he made people, VINO
| would never have touched his road, travel
% miles further in order to get out 10 Inc
nike PASS through his gate and pIy him toll.
| When Mr.. Rainey took charge OF the road
he found gate No. l. near Columbia. had been
| removed from its original location where II
| had stood for % years, and had been located
at a point about 6OO yards nearer The corpo-
ration limits of Columbia than the law per-
mitted. The law excuses ignorance ON inc
| part of no offender, and therefore Mr.. Rtl :
| ney who is a lawyer, must have known that
nroprTty of Mr.. A. y. Akin and Mr.. ]. X.
| Farrell would have lain entirely between
the toll gate and Columbia. As soon AS lie
got possession of the road he demanded of
MIR. Akin that he should pay the same ex-
orbitant rates of toll eXacted from Others.
This Mr.. Akin declined to do and construct
which would lead him out on the PIKE east
of sraie No. |, so that he would not have TO
pas tdfo tSia t Su Mr Riney With his ac:
cuStomed autOcratic determination To CON
troll the action of his serfs(0, filed oil 70
| prevent Mr.. Akin from going Off and on u
his place where ne willed, and ON the con-
trnry TO force him to gO thrpu !h MS toll gate
and to pay the toll demHn1ei nt MN. me
| supreme Court dismissed this bill with con-
Tempt, not even waiting to hear the argu-
nent OF Mr.. Atkins counsel.
N.NyKy aft tort y
ter, we find Mr.. Rainey seeks to annoy ana
to drag into Court on the very same pre-,
opposite Mr.. Atkins and which in relation
To the gate No. l was situated exactly, and
doing this he ignored the former decree OF
the Supreme Court, and did in fact treat
same with infinite contempt.
! THE cOurtS freed, by their judgements, Mr.
| Farrell also from his attack and yet in de-
| hance of these said judgements ne ordered
MS oate keeDpr to pull down the pole on Mr.
IL i,S ~, -, ayrar he should attempt to 90
from his house TO his barn by tue way or the
toll gate. which tiie law clearly gave nun I'm me
riTni tn DO The toll keeper obeyed MS IN.
stTuctionS and in order TO rid himself OF
such exactinns Mr.. Farrell was forced TO in.
these in, IictmentS Mr.. Rainey would have
vCur readers believe that they were brought
10 destroy the owners of the road. Again
SftaT ali ihrSe decisions of both the Suprem me
Cont and Circuit Court, we Sc MIN again IN
defiance of their DEGREES, file "A Dill 10 prevent
Mr. Grod win who hal "A very large contract
| To make brick on Mr.. F&rrell's place Tor me
| Arsenal, from entering lne place III DetSull
of this business, and Jo compel ann 10 pay
toll. He procured an Injunction ana had
tie Sheriff to fOrclbiy 90 anu nail up the
!. gate on the place to Keep GOODWIN OUT
! / which gate was located between his toll gate
aud CoIu 'nbIa, so that Goodwin had no &C
= c;isiOn to go through MS ION B'ite. MI
IaiDey filed this bill Notwithstanding Iht
y courts had already declared th;tJ ne was nol
nfifI-d 10 collect toll ut this gate on accOu n
of It's improper location. He well knew that
= Mr. goodwin, from the magnitude OF nj,
contract, could not await the laws ueiaS
xtrg .tFr.tI %
, | win should Day him so which lie ana, ant
: afer exIoftIug this amount Mr.. Rainel
: fhe above described acts are only sample
Of MIR Itaiuey's methods Of treating the PEG
I,Ie along the lire of this road, ''uu WA no
? ,iesaIu your readers by recording MS man.
: oIner acts of a similar nature
With regard To the condition OF the rOa'
| bed itself tile record positively SHOWS tnl
: / under his adm ini~tratiOu the road dlf sad
1 deteri,.rat 2 in condition. The people finally
in their desperation, were torcel 10 resort u
the law, and invoke rs "iu w. -, a.
u | selves from suc3I obnONlo'tS ueAI'n'ht an
= evacfiouS. They lid tpi~. ~ the re''Or'
shows, by dling THIS bill for fn VT,
: this action trsN Only sought un Ter the sam
u laws to which Ir. IGaincY mi npDeaiet s.
: often. to have the ch 'rter-i obiS1tlnn a.
Il The part of lie Turnpike enforced, or E.
= have the rotd taken FROM It's present Owners
: Thev felt that these c'nrtered obligation
4 were n i'm p-rative as Mr.. Rtinev's chaTtere
e rights under when he ha.I drtgSeI int
: court almost every respectable citizen aln'l
e M nike vino would not cringingIy Submi
y IN hisprIir-.trv dictatiInS. The r. cord plain
: " shows ans vas tne artIliIHI d" iu>e for IN
filing IF heir bill, and II was not from an
r desire to personally inquire aim, or To cIus
Il him or from a conspiracy u GefrTiud MIN
-, his rights. 4. a.,
l. Mr.. R2InCN statcS lil''t ohe .1,'oi9
iS hill e, .rmed a cOiubinaio a. they iran l
p admit IN tia ir deposition TO carry on tile
, nm ,osa Of desiTuctiOIi-" i am aDSolulei
- ~ z,.,i nj such "a statement. There was u
la .iI,.b ADMISSION on their part ana ndhIh
Ia in IN, r,.1.pr,i to show any SD :h condition
~ fsct What they did sly in their depoS
y iinns on this 90 mt WIS that they ma agree
= 10 ~tand together in their suit, and 10 snar
- s0u.,IIv tine burden and expenses OF cond ucl
- nc il nd this is no more than they shout
- .i,Se !, N for is Is patent to every one tIla
y 10 o., oct OF such suit must OF necesStt
:, ne to1 extensive for one person to under
e take single landed, unless very large pecn
- mary inter SITS to that person were at stake