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THE TENNESSEE TIMES I j CON80LI04T OHOSSVILLE OHRONIOLE I 18 06 VOL. XXIX. CROSSVILLE. TENNESSEE. WEDNESDAY. APRIL 14.1915. NO. 15 BELIEVED UNCONSTITUTIONAL. PROSPECTS BRIGHTEN US TO GET Judee C. E. Snodgrass presented a j Judge Allison, Senator Frazier. G. F. lengthy resolution to the county court ' Milton, Kichard Hardy and myself, yesterday authorizing the employment i Some of the governors stated that they County Court Declined on That Account to Elect a Chairman Monday. County court u.et in quarterly ses sion Monday at nine o'clock. After reading his quarterly repcrt and same bad been adopted, Judge G. P. Burnett informed the court that he had learned through the public press that a bill had passed both houses of the legislature abolishing the office of county judge of Cumberland county, but that he did not know that the act had been signed by the governor and that since he had received no official notice, he would de cline to vacate the office. J He further stated that on legal ad vice, coupleil with his personal investi gation, he was of the opinion that the act was unconstitutional so far as re moving him from the office to which he had been electedv by the people. He further read a personal letter from T. A. Wright, of Knoxville, in which Mr. Wright expressed the belief that the act was unconstitutional so far as re moving Judge Burnett from office was concerned and that he thought it very probable that the act was unconstitu tional in any event for reasons stated. After reading the letter from Mr. Wright, Judge Burnett asked the court what action they wished to take in the matter and Esq. R. A. Bowel present ed a resolution stating that the court believed the act unconstitutional and declining to take any action looking to the election of a chairman. On roll call all justices present, except J. A. Frey, voted in favor of the resolution. Mr. Krey declined to vote. Of the thirteen man who make up the court all were present except Esq. G. W. Houston, of the Fifth district. .The letter from T. A. Wright follows: OPINION OF T. A. WRIGHT: FOR DIXIE HIGHWAY Knoxville, 'fenn., April 1st, 1915. Hon. George P. Burnett, Crossville, Tenn. Dear Sir: I am in receipt of your letter of the 31st enclosing copy of proposed bill to repeal the Act creating the office of County Judge in Cumberland Coun ty. 1 am of the opinion that the de cision in the case of State vs Leonard, 2nd Pickle, is still the law of this State with reference to County Judgei and I am of the opinion that this Act could not take effect so as to interfere with the present tenure of the County Judge of Cumberland County and as that is the whole purpoes or the Act I do not believe, if this Act should be passed, that the County Court of Cum berland County could elect a chairman under it. Certainly not until the ex piration of the term of the present County Judge, and 1 am inclined to be lieve, although 1 have not given than question much consideration, that the Act would not take effect then, inas much as the whole purpose of the Act is to repeal the Act so as to make it take effect at once. I am inclined to the opinion that tne Act is void. If the Act does pass and you desire to have the question looked into more ex tensively, 1 will be Kiai to do so. Yours very truly, T. A Wright. Judge Burnett expects to tight the act in the courts of the state, if neces sary, and in the light of past decisions he has a good chance to win his case, at least, to the extent of being permit ted to hold the offke for the next two years, which will complete the term for which he was elected by the people of the countv. The next move belongs C. E James, President Dixie Highway Association, Designates the Route Through Tennessee to Pass Through Crossville. Within a week much activity has de veloped relative to the Dixie Highway project and there is much sparring go ing on through the press and Nashvlle is bending every effort to bring the roaa via that city. C. E. James, president of the Dixie Highway association, has designated the route through Tennessee to begin i at the Tennessee-Kentucky state line ai a point near Albany, Kentucky, thence south passing neai Byrdstown, through Jamestjvn, Crossville, Fike ville and via Signal Mountain into Chattanooga. Mr. James did this as the outcome of the attitude of the governors in al lowing politics to work a very detri mental part to the Short Route, which follows the line just mentioned. Else where in this : sue will be found the statement of Mr. James, which shows the governors con st to defeat the Short t to accomplish that ligmal argeement. .lines and his associ- conclusively th nived from the Route and in ores end violated This action Mr. ates, who hold Dixie Highway, the charter for the have decided not to anrj jn connection with Jtherw stand and the road will be built through Crossville and the other points named on the Short Route. All the directors have been appointed by the various governors and a meet ing is expected soon. As was expect ed, Governor Rye appointed two men favorable to the Nashville route : Col. A. M. Shook, of Nashville, and Judge M. M. Allison, Chattanooga. Judge Allison has been favorable to the Nashville route all the time. It is claimed the road via Nashville will pass near property ownd by him. Nashville started an automobile party over the proposed route via Mammoth Cave the first of the week and expects to arouse so much interest and enthu siasm that the men appointed by the j of a corps of engineers to locate the ! road through this county after a con ference with the other counties on the Short Route and the Dixie Highway Association. The resolution passed the court unanimously. The men appoint ed to have charge of the engineer work are Judge G. P. Burnett, A. J. Mc- Guire, former county surveyor, and E. U. Tollett. Following are the RESOLUTIONS: Whereas, the Dixie Highway Associ ation, a corporation, organized for the purpose anct to wnicn nas Deen en trusted the building of a great natural highwav. from Chicago to Miami, Florida, has signified its purpose to construct said highway through Cum berland county, via Crossville, Tennes see, as a section of said ro'd; and, Whereas, at an organization of the counties in Tennessee north of Chatta nooga composing the Short Line route or section of said road between Chatta nooga and the Kentucky line, the good faith of tne authorities and people of said route, including ourselves, was pledged to the construction of said road to the Kentucky line ; and, Whereas, a similar pledge of the peo ple north and south was made looking to the completion of said Dixie High way, from its beginning on the great Lincoln Highway, at Chicago, to the extreme southern limit; and. Whereas, nothing of more important material concern has ever come before our people demanding their immediate and energetic co-operation and activ ity : and. Whereas, this court has already taken steps looking to securing tnis highway, hori- ties, has pledged its good faith and hearty co-operation therefore, be it, Resolved, that a committee consist ing of George P. Burnett, A. J. Mc Guire and E. G. Tollett be appointed to have charge of and direct the ex penditure hereinafter provided, who, in connection with and after conference with the counties of Fentress and Bledsoe, north anil south of us, and af ter conference with said Dixie High way Association, shall have power to employ a corps of surveyors and to io cate and determine ine route of said highway across Cumberland county via Crossville. Be it further resolved, that the necessary expenses of this wTfrk shall be paid out of any funds available for would not take the responsibility of locating the road; that it would eru barass them in their respective states if they put the road at one place or another. A plan was then proposed by what the result would he, that so far aa the Dixie Highway association was concert ed, if they would appoint tneir two men from each state promptly and would make fair i.ppomtnients, not partisans, and would not get the enter prise tangled up with politics, we would stand by them ; but if it irot into Gov. McCreary, of Kentucky, that the pontics in any of the states and was miles longer than the Short Koute via Crossville. As a striking evidence that the route is sure to come via Crossville a telegram ws received Monday by Judge G. P, Burnett which reads as follows: "Chattanooga, Tenn., April 12. County Judge. Crossville, Tenn. Please go to work immediately on con struction of road between Crossvill and Pikeville. Put engineers to work and get best location possible. DIXIE : 1GHWAY. ASSOCIATION, C. E. James, President." The whole Short Route line is ablaze with excitement and determination and the road will certainly be built and it will be the real Dixie Highway under the charter held by the association at Chattanooga, regardless of what is to Senator T. E. Wilson, or some one ! done by Nashville or other points. The in sympathy with him, to force the re- people of this county are aroused as tirement of Judge Burnett. never before over any question and are COURT RESOLUTION. determined to carry this great project to a full completion so far as this coun- governors will favor that route, that such purpose upon the Warrant of the will effect nothing for the men whojcounty judge drawn upon such fund, hold the Dixie Highway charter will I that said committee shall keep an ac- hever surrender it to have the road go j count of each item of expenditure .and via Nashville for that route is over 100 report same to the county court, when so required by said court, and that when the spscial fund for the building of said Dixie highway is provided the fu' d from whict; tli foregoing prelim inary expense 's drawn hall be reim bursed from such special fund. Be it further resolved, that we here- foun ers and the Chattanooga interest, which comprised the Automobile club, tourist bureau, chamber of commerce and all other organizations as members of the Dixie Highway association, be allowed seven directors, and that th governors of the seven states appoint two men from each state, or fourteen to be appointed by the governors, mak ing a total board of twenty-one men, iu iocie me roaa. a resolution was drawn up on that basis, and carefully read over, and each of the governors agreed to it, in the presence or all the above witnesses. All parties at that conference thtn left with the full un derstanding that the matter was closed. Senator Frazier left at this time and did not know of the elimina ton until he heard it read at the Audi torium. The governois went in their paiade and back to the hotel to review the cavalry. After the cavalry had passed the governors went up to a room in the Hotel Fatten, as every one thought to sign the resolution, with the intention of going to the Auditor ium and presenting it to the conven tion. When 1 got up to the room I found Gov. McCreary and Gov. Rye with three or four gentlemen standing over in one corner of the room talking. In a few minutes they came over to where all the other governors were Hid Gov. McCreary stated that he could not stai;d for that resolution; th::t his entire state ha objected to it. includ ing Lexington, Which is known as the Blue Giass route, and that he wanted the Chattanooga contingent and every one connected with the Dixie Highway movement up to that time eliminated entirely, so far as the location of the road was concerned; and that h want ed the fourteen men vho u the govern ors selected to locate the road. Gov Rye stated that he would stand with Gov. McCreary. This was quite a sur puse ti all the other governors and to everyone else in the room. The Chatt anooga people made appeals to them to allow the Dixie Highway association to have some representation on the board which located the road, but Gov. McCreary and Gov. Rye stood firm. ,lul -rieu out promptly in a business like way, we would withdraw from tne whole governors' pian at the first sign of it being handled in a political way. That the Dixie Highvay was a great enterprise and that politics had no place in it. I told them if it was done in accordance with the above, we would wait until the commissioners who were appointed, had formally lo cated the road, provided the commis sioners acted promptly. That if the road was located on broad lines from a point east of Chicago, III., to Miami, Pal., we would stand by it. If it was not, we would then withdraw. They fullv understood the statement and a major ty ot the governors agreed with me. Some of them would have made their appointments before they went to the convention, but it was objected to. I knew then that politics would play a large part with the location of the road. We expected that all the ap pointments would be made not later than Monday. Gov. Slaton, of Georgia, made his appointments on Ralston, ot Indiana, appointments on Sat- Saturday. Gov made one of his urday. ATTEMPTED 10 PLEDGE MR. JAMES TO CERTAIN ROUTE. "Monday afternoon, parties who claimed to represent the apDointimr power at Narhvi U approached me. They ram i Wfiui i be appointed one of the two men fri n this state, but stated hut I must fir;-1 commit myself to vote for tbe Sheliiwille and Winchester route between Chattanooga and Nash ville. I declined it, as 1 did not want an appointment under such terms, and told the representatives to please com municate with the powers who had the appointment to make that I would not accept any appointment with a string tied to it; and to please be certain to advise whoever sent the communica tion to see that no further communica tions ot this character be sent to me. They fnd not stop at that. I was pre sented with the same thing by differ ent people two or three times on Tues day ai.d Wednesday. I gave the same answer to each one of them. Only one All of the other governors expressed these emissaries suggested the Man- themselves freely at the time, to the effect that it was not fair to the Dixie Highway BSSOClaton or to Chattanooga, and they used th'ir influence in speei lies, not. to eliminate us. Gov. Ralston, of Indiana; Lieut.-Gov Gor don, of Ohio; Gov. Slaton, of Georgia, all expressed this view. Gov. Mc Creary and Gov. Rye stood firm. HOW CHATTANOOGA MEN WERE ELIMINATED. " 1 he Chattanooga people had clone all they could to avoid friction and to by renew and reaffirm the pledges i avoid itaving any reflections cast upon made by our representatives to their I them by the governors or thj conven sister counties and with them tothetion. Gov. Ralston called for a vote, great national conference lately assem-1 Gov. McCreary voted to eliminate us. bled in Chattanooga, to the Dixie Gov. 'Ralston then called on Gov. Rve; Highway Association and to C. E. James, its official president, to whom we send greetings, encouragement and congratulations. PART PLAYED BY POLITICS Governors Rye, and McCrary, of Ken tucky, Violate Agreement he voted to eliminate us; Gov. Ralston then called on Gov. Slaton. Gov. Slaton stated that he thought the Dixie Highway association ooght-to be represented; that he was sorry the matter had gotten in its present Fhape, but in deieience to the other governors who had already voted,, he would vote with Gov. McCreary and Gov. Rye, nut Chester route; not one of them sug gested the McMinnville route. 1 was assured Tuesday and also Wednesday that if I w uld agree to their sugges tions to commit myelf in advance that my appointment would appear in the paper or. Tuesday. 1 sent word back through the same source and asked that they communicate with' the gov ernor and tell him to have his friends and advisers to cease making such propositions. "I learned ftfum reliable sources on Wednesday that the appointing powers had offered to appoint a well-known gentleman of high integrity for politi cal reasons, and ne declined it. This same gentleman h;.d made a speech on the platform of the Auditorium on Saturday, declaring in favor of, and recommending, the route by Shelby ville and Winchester. 1 saw then there was no use for the Dixie Highway as sociation to remain quiet longer, as the agreement between us had been vio lated by thestate ot Tennessee ; hence the actions we took, as we wanted the road commenced and wanted it built at once. NEVER HAS BEEN OPPOSED TO NASHVILLE. Following is the resolution passed by the court relative to-the abolishing the1 office ot county judge: "Whereas, it ras been unofficially : reported that a I ill has been passed by the legislature attempting to abolish i the office of Coun y Judge of Cumber- j land County ; And, wherea the right ot the said office, Therefore, b ty is concerned. Every other county along the Short Route is equally de termined and there is scarcely a ghost of a chance for the road to fail to come this way. . ' ENABLING ACT. ' The court passed a resolution ap we do not recognize pointing J. W. Dorton, Judge G P. legislature to abolish Burnett and Senator E. G. Tollett to draft an enabling act authorizing the it resolved by the county to issue $200,000 in bonds, ai d County Court of said County, that we present to the legislature wh. in it re refuse to fecog iz the legality of any convenes May 3. It is not expected Act 'attempting to abolish said office that HWMWU win tie requirea, oui me C. E James has issued a statement showing how Governors McCreary, of Kentucky, and Rye, ot Tennessee, played dirty politics in the highway matter and how they both violated their agreement. The statement of Mr. James follows : . WANTS PUBLIC TO KNOW ALL THE FACTS. "I want the public to know all tbe facts in regard to the Dixie Highway toad started, we meeting April 3, 1915, and what fol lowed the meeting. "I have never heen. Sinn1 am not nu that he reserved the right to change I opposed to any route through Nash his vote after he entered the conven- ville. I think the state capital ought tion if he desired. This made three to De connected with this highway, if votes, being a majority of the govern-: stte l3SSXR it Si ors present and settled the CAM to the ought to be considered and try to lo extent of eliminating Chattanooga : cate through these points, from any participation in the location "I tried in every possible way to put f ,h rn,j ; a stop to such overtures being made oi me roan, i frQm the yery . j d)(j want "At the interview at 12:30 o'clock em harass any one, but I had stood all ... . - tkn aiiMriaafinnu I , t I 1 I we s i tried to set the; i to reconsider ssuu i..ai aui .i.hi ....... ...... .4 ,..,,.. ,i . .. .1 . 1 . ., . . ,. JL ii. .in icuiu bu'iiii l n,, ttuu 1 1 : e i tj were It, nnjl it was finally agreed by all the only two tnings for ;e to ()o; j, Chattanooga parties present, that in j for me to personally ?bandon all con order 10 avoid friction and to get the section with the Dixe Highway assoH- i anon ami lei tne politicians run it, or I .. 1 . . , 1 1 I I . i i . i I iur me iu pwiiii uy ine uixir mgnway very reluctantly acquiesced in what naHn.iation f "I the other Chattanooga people agreed propose io stand by he Dixie Highwjy "The governors met early Saturday to do. I asked to be allowed to make association and see the road bu It, if i ., oi0- o Chairman tn i.loa is to be Drenared for anv need that morning. April 3. 1915, at the Hotel aistatenient, which was agreed to. i MaeiDie. ine Liixie Highway associa 4IIJU T C x uoi fcv vivv - r- m preside over said ourt until our right may present to the end that failure Patten, and, besides the governors, told the governors that while we had to do so has ben U gaily established." will be out of the question. there were present Judge Bachman, been eliminated and I could nqt.say tion nas no pians ana is open to sug gestions by tbe people most interested. "April 9, 1915." C. E. JAMES.