The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1911-08-18

cations of the bill against them IL the
case of the Culleoka & Mooresyille
Turnpike Company against the turn
pike superintendent and others, the
defendants, e, Z. Hall, j. R. Law
renee, w. T. Denton, J. R. Beatty,
jim Mitchell, w. L. Gibson, K. J.
King, B. H. Moore, G. S. Calvert, w.
n. Calvert, w. j. Gibson, W. |. Glib
son, W. c. Renfro, Lee Holt, w S.
enfro, E. B. Malone and c. c. Gardner
have filed their joint answer in the
chancery court by the turnpike com
pany.
The answer denies that the action
of the defendants in calling out the
turnpike commissioners was due to a
desire to avoid the payment of toll;
they deny that the pike was at the
time of filing the petition or is now
up to the requirements of the char
tcI' IHSS uSHH lHdl IHCy WSlC -HoN-
ed in the matter by a desire to inter
fere with the pike management. or
to injure the same or that they were
parties to any conspiracy to avoid the
collection of toll.
The defendants deny most emphati
cally that they were melted to their
conduct in the matter by w. E. Bel
lanfant. or tna5 he ever advised them
MOTTO pay toll, but on the contrary
all state that he advised them to pay
toll and obey the law; that when his
advice as a justice of the peace was
sought that he told them their only
recourse was to appeal to the county
judge and through him to the turn
pike commissioners.
The defendants allege that the
turnpike between Culleoka and
MoOresville is not up to the require
ments of the charter and was not at
the beginning of the controversy 1t
is alleged that a survey of the said
pike has been made and that It is
less than five miles in length; that it
has insufficient metal; that the grades
are too steep, that guard rails are
needed at several places, and that to
10 NJ hn iCit n HJrn
in length it must go beyound Pear
creek, in Marshall county, that said
creek is often beyond fording, that
the same has no bridge over it, and
that the pike beyond the creek is
in bad condition, that it
goes up the bluff Of the creek and that
travel is impeded thereby.
The defendants all deny that they
are moved in the matter by any Ill
will toward the company; they deny
that they have expressed the opinion
that the pike was in good condition,
on the contrary they insist that it was
not up to the standard required. They
say that they have no objection to
the payment of tolls, but do desire
that the pike be kept up to legal re-
quirements.
The defendants insist that they
have had a complete survey of the
pike made by County Surveyor McKis-
sack and that 1t was less than FIVE
miles in length; that the part OF the
pike in Marshall county, about one
half mile, has never been approved or
accepted by the authorities of that
county in so far as the records of the
county disclose; that the records OF
Maury county show that only three
miles of the pike in this county has
ever been accepted, and that there
fore it is illegal to collect full tolls
upon the road.
1t will be recalled that about two
weeks ago the Culleoka & MooresvilIe !
Turnpike Company filed its bill in
equity asking for an injunction to re-
strain the defendants above, the coun-
ty Judge. the superintendents of turn
pixies and ". E. Bellanfant from in
terfering with or inspecting the pike, |
some very salty allegations being
made. A fat for temporary injunc-
ton was granted.