The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1916-07-28


or hiring, nor did he have any right
of action against any person to whom
said Gillem might have hired said
teams, that he looked alone to said
Gillem and not to the parties to whom
he might have hired same for his pay
nor would he have had the right, nor
did he in fact undertake to collect
from any of said parties to whom said
teams were hired by said Gillem the
pay for the use thereof. That under
said contract above referred to 1t was
we'll understood that said teams were
placed under the control of said GIL
lem, with the right to use the same
either In the cultivation of said crop,
or hire the same to other persons, the
only reservation to this defendant be-
ing the right to call upon said Gillem
for the use of said teams on the re-
mainder of his land, or on the go acres
rented to him when needed to do haul.
ing on said place IN matters not con.
nected with the farm, and that at the
times when the hauling was done COM
planned of in this bill he did not use
or require the said teams for any such
purpose, and they were therefore sub
ject entirely to the control of said Gil
lem,
Defendant would now further state
that he had no conversation or agree
ment with w. W. PinkstoA, the con.
tractor and district commissioner, who
hired said teams, made no agreement
with him with reference thereto, nor
did he have any understanding direct
or indirect with the said Gtilem by
which said Gillem was to hire his
teams to said Pinkston, or take any
part whatever in said contract to hire.
Nsr did said Pinkston or the road com.
missioners pay to this defendant any
part Of the price for said teams, or
make any voucher to him, but on the
contrary said sums were paid to said
Gllem directly, and the amount due
from said Gillem to this defendant was
absorbed in the settlement OF the &C
counts between this defendant and
said Gillem. This defendant now fur.
Their states that the work which was
done upon said highway, which was a
special highway. was done under the
following circumstances and cendi'
tons. That In the fall of the year
1913 the road commissioner caused to
be removed the work house hands to
that road. That same year, prior to
that time the citizens of that com.
munity had agreed to subscribe and
pay certain amount to have the worl
house hands do the work on said road
and the county road commissioners
had agreed so to do. But that they
had not been able prior to the time
already mentioned above to secure the
fulflllment of this contract with the
county road commissioners. This was
long prior to the time when this defen
dant became a road commissioner, and
he as an individual had subscribed
and agreed to pay certain amount
Of - toward the Improvement Of
the read. He states that being a mos
direct route from the county seat Of
Maury county to the county seat ol
Marshall county. and having received
assurance from the road commission
ers OF Marshall county that II they
would construct this road from Colum
bia to the Marshall county line, tina
Marshall county would continue the
same to Lewisburg, thereby making
direct and practicable and good road
from Columbia to Marshall county
and when so constructed completed
road would have been an active com
petitor for travel over the turnpike
road of relator R. A. Wilkes, and ovel
which road the travel from Columbia
to I.ewisburg had been on account o.
the road condition compelled to pass
continuously This may have fur
nished relator Wilkes with some
reason or desire to obstruct the com
pletion Of this road as far as he could
Defendant would now further state
as heretofore that while county road
commissioners had agreed with the
citizens in said district to reconstruc
said road and put the same In good
condition, had been unable to secure
J any immediate action on their par
until already stated above. That W
w. Pinkston was county district com
missioner, having in charge the roat
in question was an experienced man
and one of recognized ability in roat
building, had first been elected to tina
position by the county court, and wal
continued as such district commission