The independent. [volume] (Elizabeth City, N.C.) 1908-1936, 1922-07-28
OTHER SIDE OF
THISROAD row
Defendants File Voluminous
Answer in Mt. Hermon
Road Injunction Pro-
ceeding

Pasquotank Highway Commission
from building the Mt. Hermon Turn
pike or Foreman-B Bundy Road, have
presented their side ably in an an
swer filed to the complaint upon
which Judge Bond last week issued
n restraining order. Judge Bond
will sit in special session here to.
day, Friday, July %, to hear both
sides and the fate of the temporary
restraining order will be decided
Whether Judge Bond will make the
temporary injunction permanent or
dissolve it is question which the
whole Pasquotank public awaits with
considerable interest.
J. W. Foreman, o. l.. Bundy, A.
f. Jones and J. J. Morris, members
of the Pasquotank Highway Com
mission. who are defendants in the
action have retained the law firm OF
Meekins & AIcAIullant to represent
them. This newspaper publishes
herewith, for the Information of its
readers, the full text of the answer
filed in the Superior Court here by
the Defendants attorneys. Defend
ants. answering the complaint, say:
FIRST-That Section One there
of is admitted. e.
SECOND-Answering Section
Two. it is admitted that the Pasquo-
tank Highway Commission is a body
polite and corporate, organized and
existing by virtue of Chapter 128 OF
the Public Local Laws Of 1915. with
amendments thereto, and as such is
charged with the control of the high
ways and road building in Pasquo-
tank County.
THIRD-Answering Section Three
it is true that said Highway Com
mission has heretofore issued $780,
600 of bonds pursuant to law and re-
ceived the money therefrom for the
purpose of building roads in Pas
quotank County. which money has
been used for that purpose and no
other. 1t is untrue that said Com
mission has already spent all Of this
S7JO,OOO except $4,000 to 100000
as alleged. and it is untrue that the
Commission has used the money ex-
travagantly without giving due care
and attention to the building Of said
roads, and the expenditure of the
money therefor. 1t is further un-
true that any of said money received
from said bonds has been wasted,
and Defendants are informed and
believe that no such allegation
against them or their predecessors
was made prior to the promotion OF
this suit. Defendants further say
in answer to Section Three that il
there has been any extrayagance
heretofore, which is denied, no part
of the same occurred in projecting
or constructing the road against
which an injunction is prayed, all
such expenditure except as herein
after explained having been made On
roads in other sections of the coun-
ty, either wholly or practically COM
pleted. Further answering said Sec
tion Defendants say, that OF the
S750.0O0 received from the sale of
bonds they have in hand about
$150,000. and in addition thereto the
State Highway Commission is to re-
fund a sum in excess of $4,000
expendd on the Newland Road, mnk.
ing available more than $350,0O0 for
the construction of other roads in
Fasquotank County, which as
planned by Defendant Commission
ers. will include the Mt. Hermon
Road now under construction, Pas
quotank County's contribution to the
State Highway between Elizabeth
City and WoOdyille, and one or more
roads. the immediate building Of
which is sought to be coerced by
this suit; it being the purpose OF
the Defendants to complete their
program as rapidly as conditions will
admit for the benefit, not only oi
Elizabeth City, but of other sections
of the County. Except as herein ad.
mitted, Section Three is denied.
That Rail Business
Answering Section Four, It Is true
that the Pasquotank Highway Com.
mission was composed Of, A. d
Houtz, Chairman, o. F. Gilbert, r
w. Foreman, J. J. Morris, A. r.
Jones, o. L. Bundy and +. f. Cd,
hoon, but otherwise said Section 4
denied, with the exception that It ID
fact that no contract was let "foi
the building of said road" and fol
the reason that Defendants are CON
vinced that they saved both time and
money and secured better results il
road construction by not letting con.
tracts for road construction. II u
cspecially denied that Defendant. j
W. Foreman, has wrongfully and
unlawfully sold 20 the :'ai iruotanI
Highway Commission about 81 ,00(
worth of iron rails, and likewis,
denied that other members Of saii
Commission wrongfully and unlaw.
fully sold different material ty y 10.
safir as these defendants are car.
cerned. It +" true, ho4evsi. thai
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