Evening journal., 1921-07-22
LITTLE HE'S
WITHIN rights
CONTINUED from nrst page,

ly. and also thirteen years or so ago,
because Of disputes over rights Of
way through his farm. He won out
thirteen years ago in court in a dis
put over Western Union telegraph
poles planted on his property. He
cut the poles down, was arrested,
but was acquitted in the county
court.
The old Lincoln Highway loop
between Wilmington and Newark
passes alongside the Little farm,
which is about three miles east Of
Newark. between that town and Mar
shallton. The new survey of the Lin
coin Highway TO shorten the distance
and eliminate curves, goes through
another part Of his farm. He gave
the right of way for the new road
under certain conditions, he says.
His claim is that he gave it only for
highway purposes, and he is unwill-
ing for that right of way to be used
for telegraph, telephone or electric
poles or wires without his consent.
That is where the hitch has de-
veloped that promises soon to get
into court. for the Levy court has in
structed its attorney. Percy Warren
Green. to take legal action to compel
Little to turn over a deed for the
right of way to the Levy Court.
Il gave a right of way about 1000
feet long and 60 feet wide TO the
county. and was the only property
owner to give the right of way"
said Little today. 'All the others
were paid and paid well for the right
of way. Two of them each got
$4,000 or more for an acre and
quarter OF their land. I gave mine
to the county. but was allowed
something over $500 to build
fences, at the rate Of 16 cents
foot
THE Levy Court and myself en-
tered into an agreement under
which the county was to turn over
to me the right of way of the old
road In condition for farming That
means 1t was to be cleared Of
thorns, poles, etc. and made ft for
tilling. have a copy Of that agree
ment and the Levy Court has a
copy. Under the agreement the
new right Of way was condemned
by a commission for highway pur-
poses, and the commission awarded
me the amount agreed on for build
ing fences. but awarded me moth
ing for the land taken for the new
road. When the Levy Court fulflls
that agreement, they can finish the
new road. but not until then.
''workmen of the telegraph COM
pany came TO my place at 3 o'clock
in the morning and removed their
poles from the edge Of to the mid
die of the old road. That obstructed
the old road, and the only way to
get through was over my land.
have closed that road and put a
fence up to prevent trafic going
over my land. County Engineer
Grubb told me to close the road
That makes a detour necessary by
way Of Ogletown, between Whining
} ton and Newark.
! Workmen of one OF the wire com
B panies ran their automobile into me
on my own property. They no
only did that once, but twice.
Il never have interfered with con.
struction of the new Lincoln High
way, and I won't until they are
ready to lay cement. They are grad
ing there every day. When that ID
finished and they are ready to lay
cement, the Levy Court will have
to fulfill its agreement to turn over
the old right of way TO me clear
of distractions and ready for farm
ing or It win have to quit building
the new road. I have no desire tC
hold up the new road and never
have had. The Levy Court ha:
burned some Of the thorns from the
old road, but it must remove the
poles from that road, too"
When Little was asked about &
report he had fxed $4,000 as a price
each wire company would have tC
pay for his consent to put poles OF
, the new right of way, he replied:
Il never will allow the telegraph
telephone and electric companies &
plant poles along the road II 1 car
prevent it. either own or don
own my farm.
Judge Spruance, in the suit owe
, telegraph poles thirteen years ag
decided that il the company had 1t
poles planted on the right of wa,
undisputed 81 or more years, unde
the law Of adverse possession tn
company was entitled to keep it
poles there by moving its pole
from their old location to tn
middle of the roadway, which wa
done at o'clock in the mornin
one week ago, / claim the TELEGRAPH
company has forfeited its right c
adverse possession
b Under the State law a wire com
e pany must obtain the consent OF tn
, property owner, as we'll as Of tn
o. Levy Court, TO plant poles on a man
! property. / have not given that cor
sent. The condemnation OF a rigf
of way through my property wa
only for the specific purpose {
building a highway. and was not fc
the erection of poles for wire com
; panies. think / am familiar wit
q the law on that subject. claiI
I they cannot condemn for a right {
way for poles.
= "Mr. Green, attorney for the Lev
Court. came to me with deeds in fe
10 simple for that right Of way an
c asked me TO sign. I wouldn't sig
y them. II had. the wire companis
.; would have gotten a right TO put u
. poles and wires"
P How about the electric compan
!: and telephone company. do you oh
q ieot to them. too?" the reportt
d asked.
ITS the same thing. they all loo
- alike to me-" Little replied" TIL
:, electric COMPANY. YOU know. hs