Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1922-01-14
LEE INJUNCTION
FIGHT IS. won
BY SMITHVILLE
Judge Littlejohn Refuses Coun-
tvs Application And Grants
That Of Town

will not be changed through the
town of Smithville, as ordered by the
state highway department and at
temp ed by the county of Lee That
is not unless the court of appeals
reverses the decision of Judge q. A.
Ijttleiohn, who has just handed down
= decision in the controversy over
the route between. he town and
county granting a permanent inJunc-
tion in favor of the town of Smith
Vile against the county prohibiting
the county from proceeding with the
cons ruction of the proposed new
highway.
The decision took the form of a
refusal of an injunction against the
officials of Smithville as asked for by
Lee county and granting the in
junction asked for by Smithville
against the county in a cross bill.
What the effect of the decision
will be has no yet been determined,
1t is understood the commissioners
of Lee county have indicated their
intention Of appealing the decision
In the meantime, all construction
wolk inside Smithville and south to
Hayes Crossin, the bulk of the ter.
ritory embraced in the changing Of
the route, which has been stopped
for some time, will remain halted
The Decision.
The text of Judge Littlejohn's or
der follows:
County of Lee VS.. Mayor and City
Council of Smithville, ct al. Peti-
ticn for Injunction: In Lee Supe-
rier Court. -,-=-s---~s'
In pursuance of orders previously
granted, the above stated case came
on for hearing, and was heard upon
the petition, answer, cross bill and
testimony. And after consideration
of same it is considered, adjudged
and ordered that the injunction pray
ed TO rim the original petition be and
the same is hereby refused; and the
Injunction prayed for in the cross
bill of the Mayor and City Council
of Smithville, that the County of Lee
DC enjoined from constructing the
proposed highway through the cor
porate limits of Smithville, be and
the same is hereby granted; and the
sad County of Lee, and commission
ers aforesaid, are hereby enjoined
until further order of the court, from
constructing said proposed highway
complained of through the corporate
Alnlts of the Town of Smithville,
Let this order be entered ON the
minutes of Lee Superior court.
-. A. LITTLEJOHN,
Judge of the Superior SQUIRT. South.
western Circuit"
Jesse Faust Speaks.
In connection with the .announcc-
hleht of the decision, Jesse Faust,
poW citizen of Smithvile and for.
H'ely resident of Sumter county.
%SNea the Times-Recorder to publish
'he following statement from him:
Some of tie subscribers to your
paper here feel as you have not civ
et them square deal in regard to
publishing all the facts in this case
'ooine five rsix mqnths ago your pa.
PCT contained narticle, by some one
not named, directly charging this
1ieht to three men who might be per.
Sonally benefited. The facts are 9a
per cent of the people in the town Of
oHlthville ~ and the county are oppos.
80 to this road as laid out by the
county authorities from HAYS cross.
"g 10 !he Sumter county line.
ne last grand jury in session
Ice county recommended Chat this
oao be constructed on the old road
cu from the Hays crossing to The
u"'er county line, and only three
'eh from this section of the coun.
z were members of the grand Jury .