The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1916-07-28
SWEEPING DENIAL IS
MADE Of CHARGES IN
WILKES CUSTER SUIT.
noAo COMMISSIONER HIGHT Also
RAISES MANY LEGAL
QUESTIONS.
MIN NOT HIRE HIS OWN TEAMS
cat. Forth In Detail The Manner And
rerms Under Which Wagons Owned
Nv Him Were Used In Construction
of Highway.

Sweeping denlal is maze Oh Inc
charges made agaisnt him in the ousts
netition filed by R. A. Wilkes and 9th
ors in the answer filed in the circuit
oourt late Tuesday afternoon by Road
commissioner Clay E Hight. In addt
tion to the denial in his answer that
ba hired his own teams for work on
the road or did anything in violation Of
law which would subject him to remOv.
al, Mr.. Hight also interposes demur-
rer to the petition.
Several questions of law are raised
IN the demurrer, first 1t being contend
al that the bill of Wilkes is not such
as is required b - - e aolea
same is sworn to alone by r. A.
Wilkes, whereas 1t should have been
signed and sworn to by all the rela.
tors.
Second, it is contended that the bill
fails to show or charge any act per
formed by the defendant since the be-
ginning of his term last January that
involves moral terpitude or any neglect
to perform any duty.
Third, the acts Of misconduct al
legged in the bill and grounds sought
fer said removal do not present any
facts or acts which would authorize
such a proceeding under the custer
act
1t is oontended that the bill seeks
to enforce penalties for acts alleged
to have been committed more than
twelve months before the fling of the
bill
In the answer Mr.. Hight brings out
substantially the facts with reference
to the use of teams used by him that
were brought out before the recent
county Investigation and which the
committee found to be true and upon
which Mr. Hight was exhonerated
from any charge of wrong-doing or OF
having violated the statutes. He ad-
mits the payment Of sums of money
from the road funds to one L. F. Gil
lem for work performed, but states
that the same was done under the fol-
lowing contract made By him with Gil.
liam for the use of the formers team.
Defendant states that prior to tho
time Of said alleged payments Of said
sums to said L. F. Gillen, he had en-
tered into contract with said Gillem
Of the following terms and effect, that
Is to say, he placed under the exclusive
control of said Gillem his farm, con-
sisting Of about sixty acres, with the
understanding and agreement between
himself and said Gillem that he was
to pay said Gillem at the rate OF rs
cents per day during the year when
said Gillem might be engaged at work
on said farm, or other lands owned by
defendant, In matters not connected
with the cultivation and harvesting OF
the crops, and whatever work might
be needed by him In the way Of re-
pairs or otherwise. That said Gillem
was to cultivate said lands, harvest
the crops, this complainant furnishing
all of the teams and implements neces
sary for that purpose. and feed for the
teams. That said Gillem was to have
complete control of the cultivation OF
said crops. and the right to say when
and what work was necessary or re-
CURED to be done upon the crops, and
was to receive one-third Of the crops
grown upon the place.
ut was further understood and
agreed between this defendant and
said Gillem that at such times as the
teams were not needed in the cultiva
uon of the crops or harvesting Of the
same that he was to have the full use
OF said teams with the power and au
tfority to do hauling for other persons
and for any person for whom he might
see proper to engage to work. And that
after deducting the sum Of one dollaa
per day was to pay this defendant any
excess over one dollar per day. which
ne might receive for the use OF said
teams. And this one dollar belonging
TO said Gillem regardless Of whether
SAID team was driven by HIN or by
another, and In fact as this defendant
charges said teams were often driven
'y others, and for an amount less thar
one dollar.
defendant further states that said
te"ms and wagons were kept by said
0'l'em upon the 60 acres Of land
which was reated by him as above
stated and upon which said Giileu
resided and with the right to the use
u same at such time as they were mo-
needed IN the cultivation Of the crops
under the discretion Of the said Gil
'oitl, and was a part eff the copsidera