The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-04-02
WANT IT'S CHARTER ANNuLLED.
Many Witnesses Summoned to Testi-
fy About the Vernon she'll Road.

Anny Witnesses Summoned to Testi-
fy About the Vernon she'll Road.
The case of the turnpike commissioners
Of the county, Messrs. T. ]. Davis. Joseph
Hull and w. I. O'Brien, against the Yer
non Shell Road Company, asking the for
feiture of the charter of the defendant
because Of its alleged failure to perform
its duty to the public, will come up for
trial and hearing in the superior court
Monday, April 5.
This suit is an interesting one, having
grown out of Investigations made by the
superior court grand jury for the June
term 1895, as well as by the turnpike COM
missioners in whose name it is instituted.
These commissioners, after their inspec-
ton Of the road, declared It to be in a bad
condition. and to such an extent that It
does not afford comfortable travel to
those who make use of It, either for pleas
ure or business
The suit alleges first, that the company
holds the road under a charter from the
state, which allows it to charge toll, and
that it is now and has been for years
prior to the filing of this petition, exer-
cising this privilege.
1t is then alleged that under section 719
b b of the code of 1852, it is the duty of
the turnpike commissioners, where such
roads are neglected and kept in bad re-
pair, to notify the keeper of the toll gate
and see that such roads are put in proper
repair or to institute suit forthwith to
compel such delinquent company to com
ply with the law or forfeit its charter
The commissioners next allege that this
road has been for more than two years
in such a condition that it cannot be
Travelled over comfortably nor drayed over
successfully. They state they notified the
tollgate keeper Of the condition of the
property on Sept. 5, 1896, but that the road
has not been put in good condition since
the service of the notice. They, there
fore, ask that the charter of the Vernon
Shell Road Company be declared forfeit
ed and that the company be made to an
swer in damages to the public for its
continued neglect in the matter.
The CON missiOners are represented by
Messrs. ]. r. Saussy and w. II. Wade,
while Messrs. d. b. Lester and J. R. Cain
represent the defendant company, Mr..
Lester being its president and the owner
practically Of all of the stock. The defend
ant in the first place has filed a demurrer
to the bill claiming that the suit fails to
show wherein it has violated its charter,
which was granted by the legislature and
under which it has vested rights.
The defendants answer admits the for
NAL allegations in the first three para
graphs of the bill but denies that the law
in section 719 of the code applies to its
charter or affects its rights, its charter
having been granted in 1859, whereas the
section of the code referred to was not
enacted until 1879. The answer denies that
the company has neglected the property
or has allowed it to run down, and denies
also that it failed to give any attention
to the notice of the turnpike commission
ers TO sec that 1t was put and kept in good
order.
The trial of this case will no doubt be
an interesting one. 1t will bring up the
question Of the duties of a toll road com
pany to its patrons, and a the same time
the rights of such a company under it's
charter. About twenty-five witnesses have
been summoned so far on behalf of the
plaintiffs, including both white and col
ored inhabitants along the road, and pa
irons of the company living in the city,
who use the road frequently. So far the
defense has had no witnesses summoned,
but will probably do so to-day or to-mor-
row, as the time for the hearing is near
at hand.