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

The route OF tne DlAle highway
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.
Iittleiohn, who has just handed down
a decision in the controversy over
the route between the town and
county granting 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
,ofpsal Of an injunction against the
officials of Smithville as asked Tor by
Lee county and granting the IN
iunction asked for by tSmlthvllle
oyainst the county in cross bill.
What the effect of the decision
will be has no yet been determined
4 is understood the commissioners
of Lee county have indicated their
intention of appealing the decision
In the meantime, all construction
work inside Smithville and south to
Haves' Crossing, 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-
ton for Injunction In Lee Supe-
r'ior Court.
'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 fo 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
be enjoined from constructing the
proposed highway through the cor
porate limits of Smithville, be and
the same is hereby granted; and the
said 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
limits of the Town of Smithville.
'Let this order be entered on the
minutes of Lee Superior court.
"z. A. LITTLEJOHN,
Judge of the Superior Sourt, South
western Circuit"
Jesse Faust Speaks.
In connection with the announce
ment of the decision, Jesse Faust,
now citizen of Smithville and for
mely "A resident of Sumter county,
asked the Times-Recorder to publish
The following statement from him;
Some of the subscribers to your
paper here feel as you have not Civ
en- them "a square deal in regard to
publishing all the facts in this case
Some five or six months ago your pa
per contained an article by some one
not named, directly charging this
tight to three men who might be per-
sonaIly benefited. The facts are 80
per cent of the people in the town of
Smlthvllle and the county are oppos-
ca to this road as laid out by the
county authorities from Hays cross
Has TO the Sumter county line.
The last grand jury in session
IN Ice county recommended that this
road be constructed on the old road
ned from the hays crossing to the
sumter county line, and only three
mon from this section of the coun-
" were MON bpI,r.. nf fla ,rr,,,J ;s,,,t, -