The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1918-02-22
APPEAL AGAINST THE LATE JNo.
3. BROOKS ABATED AND COSTS
CHARGED TO REALTORS.
DOG LAW is SUSTAINED
Supreme Court Hands Down lmpor-
tant Decisions in Cases From Maury
county-Alderson Four-Miie Viola
ton Also Confirmed.
Special to The Herald.

in favor of the defendant in the
celebrated custer proceedings agains
former Highway Commissioner C
E. Hight and the late John B
Brooks, former member of the
county court, we're handed dowr
today by the supreme court. The
court also upheld the dog law involv
ed in the case of Erwin VS.. the State
from Maury county, and remanded the
case for new trial. The case Of
Anderson VS.. the State, four-mile law
violation case, was affirmed, Alder
son, negro, having been convicted
in the circuit court of Maury county
The Supreme court affirmed the
case of the State ex rel Wilkes VS.
C. E. Hight, and allowed the motor
to dismiss and abate the suit of the
State ev rel Wilkes vs.. Brooks.
The High case was one of the first
and one of the most holly contests
custer suits in the state.
This was case instituted July g.
1916, by R. A. Wilkes and others in
the name of the state of Tennessee
against C. E. Hight, member of the
county highway commission, and was
the first suit brought in Maury coun.
ty under what is known. as the custer
law giving ten citizens the right to
use the name of the state in attempt
ing to GUST officials that are deemed
unworthy OF office.
The charge against Hight was that
he had violated the law as highway
commissioner, in that he had hired his
teams to himself in the construction
of the Columbia and Lewisburg pike.
Mr.. Hight denied this absolutely and
on the trial it was proved that L. F.
Gillian, who had leased Mr.. Nights
farm and teams, had taken contract
from Mr.. Pinkston, contractor, but
that Hight had nothing to do with
hiring the teams and had no control
over them.
Judge w. B. Turner of the Maury
circuit court agreed. with the conten-
ton of Mr.. Hight and dismissed the
bill at the cost of the REALTORS. The
REALTORS appealed to the supreme court
and Judge Turner's opinion has been
sustained by that court in an opinion
rendered To-Day.
Mr.. Hight has thus been indicated
not only by Judge Turner and the Su-
preme court but also by prior find
ing of a committee appointed by the
county court consisting of Justices
Jackson and Davis, sitting with COM
mittee appointed by the good roads
association, the latter committee be-
ing composed of T. H. Taylor, w. P,
Ridley and John S. Brown.
Every finding thus far in which the
case has been investigated has result
ed favorably to Mr.. Hight,
The suit against the late John D.
Brooks, was instituted by R. A. Wilkes
and others in July, 1916, being the Sec
ond custer bill brought in Maury
county. Tie REALTORS in this case u.s.
ing the name of the state of Tennes
see, as they had right to do, charg
ed that John ID. Brooks, magistrate
from the Eighth district of Maury
county, had violated the law prohibit
ing any member of the county court
from entering into any contract which
must be passed upon by the county
court, in that he had received various
sums for hauling gravel and rock for
the repair Of the roads in his commun-
ity, and in that he had sold team
of mules to the highway commission
ers of Maury county.
Mr.. Brooks denied that he had vio-
lated the law in any way and alleged
that the county highway commission
operated under a law which made 1t
independent of the quarterly court of
which he was a member and that
therefore he was not required to pass
upon any disbursements made by the
highway commission in any way. 1t
was proved at the trial that he had
received various sums for hauling
gravel and rock on the roads in his
but that he had not
been paid much more than half for the
work that he had actually done, that
as a citizen he had donated to the
county almost as much work as he
had been paid for, and that the coun-
ty by employing him to do this work
had received practically twice the ben
eft it could have received in any
other way. II was also proved that
the team of mules he had sold to the
highway commission had been sold in
the ordinary course of trade and that
he had received really less than the
team was worth. The court, Judge
Turner presiding, was of the opinion
that Mr.. Brooks had done no wrong
and the committee from the county