The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1919-06-06
SETS FORTH REASONS FOR DE-
Ginning TO COMPLY WITH
MAGISTRATES PETITION.
COMMENT ON FEDERAL LAW
Probably First Time on Record That
a County Judge Has Failed to Call
Session of County Court on Petition
of Members.

Refusing to call an extra session of
the quarterly county court of Maury
county as petitioned by ten members
of that body County Judge w. c. Whit
thorne today issued signed state
ment In which he sets forth his rea-
sons for not calling the court to meet
on Monday, June 9, for the purpose of
considering the issuance of bonds for
construction of permanent highways
in cooperation with the state and ma
ticnal highway departments.
This is probably the first time on
record that a county judge has refus-
ed to call an extra or special session
of the county court when legally petit
toned by the members to do so. 1t
has been known since the petition
was presented to Judge Whitthorne
last Saturday that he probably would
not comply with it.
His statement in full foIIows3
In regard to the two petitions here
to attached requesting me as Judge
of the County Court to convene the
Quarterly Court of Maury county in
special session on June 8, 1919, for
the purpose of authorizing the issu-
ance of Two Hundred Thousand Dol
lars ($200,0OO.0O of bonds, ETC., for
the purpose of paying a part of the
cost of constructing hard-surface
roads on the public road extending
from the Williamson county line via
Columbia to Mt. Pleasant to the Law
renee county line, and from Columbia
via the Pulaski pike to the Giles coun-
| ty line. have to say, it is with re-
greet that am compelled from what
believe to be my sense of duty to the
public to decline at this time to exer-
else the power conferred upon the
County Judge by Section 5997 of Shan
mons Code, which is as follows:
"The Chairman and Corr judge of
the county courts of this state shall
have power to convene the quarterly
courts in special session when, in his
opinion, the public necessities require
| it, or upon the written application to
him, in writing, of any five justices,
members of said court, so to do"
| take it from reading the above
Section that it simply confers upon
the county judge or chairman of the
| quarterly county court the power to
convene the court and is not mandate
ry. The two petitions are similar in
wording except that one adds the
words "and all other inter-county
roads," This is of no effect as the is
suance of bonds as requested could
not be made on these roads because
this is vague, indefinite, and ambig-
uous, and if incorporated as request
ed in the call the court could not take
any action thereon.
The subject matter of the petitions
is one of extreme and vital Importance
to all of the taxpayers of the county
and is not to be entered into hastily
and without due thought and consider
alton. Upon such short notice it is
doubtful whether the people, of the
county could have knowledge of the
contemplated action of the court and
give it due consideration.
The Quarterly County Court will
convene in regular session the second
Monday in July, next, when this mat
ter can be taken up and discussed and
the Court can, at that time, take such
action as it deems proper With what
is before me | can see no right lost,
or harm, or injury done, by waiting
until that time.
have had no access to any rules or
requirements promulgated by the
State Department of Highways of Ten
nessee nor have | been able, within
the short time | have for decision, to
find them, apportioning the funds of
the state, setting aside any sums for
road maintenance, and relative to con-
tracts with the various counties, etc..
etc.
Under the act of the Gath congress,
approved July II, 1916, it is provided
that the sum of money apportioned as
federal aid on hand, in any state at
the end of the fiscal year of June so,
1919, if not expended in the construc.
ton of postal roads, such state has
another fiscal year in which to expend
its apportionment gefore a re-appor-
tionment among the different states is
made. This act of Congress in Sec
ton z, provides-"To maintain the
roads so constructed under the pro-
visions of this act shall be the duty
OF the states. or their civil subdivi-
sions, according to the laws of the
several states" So the federal gov
eminent does not maintain these
roads.