The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1906-08-18

Trouble Over the Collection OF Toll-A
Farmer Saws Down a Gate.-Quite a stir
was caused among the residents of the 18th
district on Monday night when Mr.. John w.
B. Clayton, well known farmer near Fork,
sawed his way through Wiker's tollgate, a
short distance below his farm on the Baltimore
and Hartford turnpike. This action was taken
by Mr.. Clayton upon the alleged failure of the
gate keeper to open the gate upon the tender
of what the former had been advised was the
rate of toll prescribed by the company 3
charter.
The gate in question has lately been the
cause of no little contention between the COM
pany and users of its road. 1t was formerly
located at the village of Reckord, near the IS.
mile stone. About four months ago the gate
was moved from Reckord TO point about half
mile distant from Mount Vista and between
the IA and Is milestones. Az it now stands it
is the fourth gate within Is miles from Balti-
more, and it is the contention of Mr.. Clayton
and others that the company is not entitled to
demand toll at Wikers gate of persons using
only Is miles of the company's road.
Mr.. Elmer r. Halle, attorney for Mr.. Clay
ton, made the following statement 1.-THE
company's charter prescribes certain rates of
toll Taking as an example two-horse mar
row-tread wagon, the company has the right
to collect toll at the rate of q cents per mile.
Mr.. Clayton enters upon the road few hum
dred feet above the 15-mile-stone: Leaving of
the fraction, the round trip to Baltimore would
therefore entitle the company to toll at the
rate of q cents for 80 miles, which would make
in all 70 cents.
"Mr. Clayton has always been required to
pay y cents at the three lower gates on his
way from Baltimore, and when the company
caused lock to be placed on the gate at Fork
some days ago he rendered the keeper 4 cents,
which amount he believed was all the COM
pany could legally demand of him.
HE served written notice of his conten-
ton on the gate-keeper and rendered the
70 or ho bo FOL
to enlghten him if his contention as to the
rate of toll was incorrect. He told the keeper
that unless his error was pointed out to him or
the gate opened in four days he would adopt
such means at his command to remove what
| he believed to be an unlawful obstruction to
! his passage over the company's roadway.
The time expired Monday night and the
| gate-keeper having finally refused to open the
| gate, Mr.. Clayton, armed with small hand
| saw, set to work to remove the obstruction in
accordance with his written notice, and in q
+, short while had cut the gate in twain
Report says that Mr.. Clayton had the second
| time sawed his way through the gate when be
| returned home from market.
| The turnpike was recently condemned by Q
| jury as not being in such condition as to
entitle the collection of toll on it. The verdict
| of the jury was ratified by Judge Duncan. and
the company took an appeal. By filing bond
the company secured the right to collect toll
pending the final decision in the case. How.
ever, if the proceedings are sustained by the
Court of Appeals the toll collected must be re-
turned to those who paid it.
DR.. Stuart Cassard, superintendent for the
company, said that the gate was not locked
and there was no necessity for Mr.. Clayton to
saw it even if his position in the matter ii
correct.
The outcome of the matter is being watched
with interest. Mr.. Clayton is regarded as {
hero among his farmer neighbors.
Dr. CaSSard, SUPERINTENDENT of the pike, or
Wednesday swore out warrants against Mr.
Clayton and his son, Mr.. John E. Clayton
They came to Towson and entered bail befor
Justice Herbert in the sum of $500 each t,
answer the charge of destroying the company
property.