Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1919-12-20
Judge Shackelford Hands Down
Ruling IN Favor of County In
Case Of County Against
Clay's Ferry Bridge Co.

Circuit Judge w. h. Shackel-
ford Saturday morning announc-
ed favorable ruling on the mo-
tion of attorneys representing the
county Of Madison, for tcmpor-
ary injunction against the Clay's
Ferry Bridge Company; thus re-
straining it from further collec-.
ton of tolls at the bridge across
the Kentucky river on the Lex
ington pike, until the case shall
have been finally passed upon by
the courts upon its merits.
Judgment has not yet been
drawn up or entered, following
the ruling of Judge Shackelford,
and until judgment is formally
entered, the Injunction does not
become effective, and tolls may be
collected at the bridge. 1t is ex-
pected that the judgment will be
formally entered in the Office of
Circuit Clerk James w. Wagcrs
early the coming week.
Judge Shackelfords ruling, up.
on the terms Of which the judg-
ment will be entered, goes thor
oughly into the law and facts pre-
sented in the case. The Judge
gave earnest study to authorities
and opinions OF all courts, bearing
on such case, after it had been
submitted to him, following argu-
ment over a week ago.
By this ruling, the county wins
an important step in the fight in
augurated by Attorney G. Murraf !
Smith to remove the toll res ric-
tions from Clay's Ferry bridge.
Associated with Attorney Smith
in case for the county are Coun-
ty Attorney o. p. Jackson, AID
Attorneys John Noland and II. {.
Rice. Attorneys a. r. Burnam
and Will Moberly represent the
Clay's Ferry Bridge Company
Much public concern is being
manifested in the course of this
litigation, and the final outcome
,.,:iI 10 raco;vod y,;tb interest II
is expected that trial of the suit
upon its merits will come up at
the February, 1920, term OF the
Madison circuit court.
JuuSc 'oiae INNS
the motion Tor the temporary III
junction. as handed down Sltur-
J.,, ;s in frII as follows.
N"J' ,..s.. s...L.,snrd,. railing
MT. a. nrococdinp wherein the
.n,i.. =, naid.or ana Eavcttc sock
-, r.r,r.,.,,,y opioip tho Claws Ferry
n..,s,,a cnn,nnnv from colIcctinr toll
f,om travellers upon the highway at
tho bridge over the kentucky river at
.ua,., tscrrv and 10 require the de-
s.ndan, comnanv to remove toll gate
which n,aiptira claim obstructs free
,rarr,c mon the highway at that point.
H.. hoor,n,y on n motion for n
,an,nor.ry Injunction The defendant in
,arnasod sncciaI demurrer urging
-. ,.a .,,orn.y c,opcral or The Com
,,,nnwoa,th apd not tho counties WINS.
,,,,aos ,ho s,atutc tho nropor marty
,,,.,,,,,r 10 Institute nm action
as,,,n, tho roIicr soupht in this case.
S,an,aors ,hat ir this suit IL in fact n
,ronaadino soaking Ia cancel the Char
,cr of tho clny,s Ferry Bridge Com
n.ny for failure TO perform or comply
,y,,h onv roouircmont of its Charter.
~ ,,r,a,,v abusc mr. misuse of lis cor
,orato nowors nriviIeres or franchises,
,ho Attorney General representing the
.ou,c. or such rirhts IL tho propor per-
.nn ~ brlng Tho suit. But ON the 9TH
a. hand ,r II anncars that the right of
tho rlay.s Terrv bridge Company to
ro,,ect tolls depends upon thd validity
or ! transfer or such right to it from
the Richmond and Lexington Turnpike
1,orn.,v ard further that the Turn
sn,,,e Companv had no legislative au-
,hor,tv IN transfcr TO the Claws Ferry
nr,dre ccmnany it's franchise right to
cn,,ac, to,,s thcn II is contended that
< ~ pr,dre comnany IA the trespasser
mon tbe h,abwnv and the county hay-
,ng cont,o, Of tho highway is proper
nar,v to institute an action to remove
sss Sss obstruction 8 ana stop the ssastlon