The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1905-09-22
Turnpike Commissioners May
Order Toll Gates Open
When Road Is In
Bad Condition.
JUDGE BEAEDEN REVERSES
FORMER DECISION.
Toll Gates Must Remain Open
Till Commissioners Report
Repairs Completed.

CHANCELLOR Bearden on MONDAY rem
dered an important decision in the case
OF the Mt. Pleasant Turnpike Co VS..
the Turnpike Com niSsioners OF Naury
County, Tenn, which II Is believed
settles the lights and powers or the
county IN and over tbs tuInplKos Of
the county.
The litigation relative to the turn
pixies in Maury county has been conpli
Gated and bit 4Ily fought by both sides
Several years sg) the Turnpike Com
miSsiOneIs were called out to view the
Mt Pleasant turnpike and they re-
ported that the same was manlfestly
in bad condition and ordered the Com
pany to cease collecting Toll, There
upon the Turnpike Company obtained
an injunction in the Chaucery Curt
restraining the Commissioners from
opening the gates and upon q motion
TO dissolve TINS Injunction, the Chan
cellor held that tne Commissioners
mad no right TO open the gates that
this power was by law vested IL the
Quarterly Court, and that tue Commits
s1oners could only make their report TO
the Quarterly Court, which report was
to be spread upon the minutes OF that
Court, and thereupJn 8cylOn could be
taken by said Court.
subsequently the County Comuis-
slonerS viewed the various turn Ikss
and reported to the January term of
the County Court that certain named
pixies, among which WAS the Mt.
Pleasant turnpike, were in manitas5Iy
bad condition, and the County CouttOr'
dered the gates on these pixies to lie open
ed and the Companies to cease taxing
tolls. The Santa Fe and Mt. Pleasant
tulnpikes refused to obey this ORDER,
that the County Count hau
not this light. and the County Court
issued wits of contempt against said
pixies and fined them So 90 each toI
contempt, and the companies appealed
to the Circuit Court, and upon trIsl IN
that Court Judge Holding decided mat
the County Court had no jurisdiction
over either the persons of the defend
ants OF over the subject matter ana
a decision against the County.
About two or three weeks ago com
plant was filed in the County Court by
citizen that the Mt. Pleasant turnpike
was in bad condition, and especially
were two bridges in a dangerous condI |
ton, ana then the Turnpike Cormls
sioners were called out and after in
,pecting said pike ordered the gates |
thrown open and the Company to cease |
taking tolls and report their action
% the County Court. The Mt Pleas
ant Company theteupon filed supple |
mental bill Of injunction against The |
Turnpike Commissioners and Judge |
jordon, to restrain them from opening |
he gates on said pike, and asking |
hat the Commissioners be cited to |
appear and show why they were not in |
contempt of the Court in oruerinS he !
rates open. Judge Holding granted
his injunction
This last proceeding of the Com mis-
toners was taken in pursuance of an
case of the Supreme Court,
rhich decided that the law giving the
lower TO declare the gates on the turn
IKE open when in the opinion of at
east two of the Turnpike Commission
RS the turnpike was manlfestly in bad
Onditlon.
This supplemental bill of lnjuu elton
1os argued before Chancellor Bearden
ionday, and the Chancellor arrived
t the conclusion that the action of the
urnpike Commissioners was legal
nd that they mad the power and right
} order the gates open when the turn
ikes were IN manifest bad condition,
nd that the gates were to remah open
ntil they reported the pike repaired.
nd that hereafter the orders ct these
ftcials would be taken as proper and
'ould stand unless official corruption
as shown.