The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-23
Crowded Courtroom Listens
to Clashes of Attorneys as
They Argue Road Question
tConinued from rage Fivel

(COninued from Page Ftvel
| should be granted. On this point Mr..
Terry read many legal decisions, in
| Guiding one from the supreme court
| TO the effect that the board of rev
enue was all-powerful body and
could not be interfered with in the
| letting of contracts in building public
roads. He discounted the idea of the
building of an electric railroad on the
| Nichols F'ishtrap right of way. He
stated that the highway was to be
| part of great trunk line highway
from Washington to Memphis which
would have federal aid. He said it
would be impossible to obtain a right
of way for an electric railroad on a
federal highway.
"They have no evidence your honor"
said Attorney Terry. mot a scintilla
of evidence, and all they have is a
| fear of suspicion that something
| may be wrong And that is why I urge
| that this temporary injunction was
| improperly granted and should be dis
solved"
When Attorney Terry ceased speak
| ing recess was declared by Judge
| Smith until 2 o'clock in the after
noon.
ROSS NEXT SPEAKER
At 2 o'clock Attorney George Ross
announced that he was suffering from
tonsilitiS and would not speak any
length of time. He spoke for an even
hour and a half and the thunder of
his voice could be heard two blocks
away. Attorney Forney Johnston stated
that if Mr.. Ross had been in good con-
dition he would have needed ear muf-
flers and the hearing would have been
heightened considerably But withal 1t
was apparent to the attendants in the
courtroom that Attorney Ross made an
excellent argument.
Mr.. Ross waded right in with his argu-
ment, and, without bothering to read
many of the legal points involved from
the law books, he hammered forth his
points regarding what he alleged to he
the unfair dealing of the majority of the
board of revenue and the collision be-
tween Col w. w. Shortridge and Coun-
ty Engineer George II. Clark. He told
of the survey of the Nichols Fishtra %
highway to a point on the Warrior river
where a bridge 80 feet high and 400 feet
long was necessary before it could be
Joined to a connecting road on the other
side leading into Jasper. He also stated
that there already existed another mac
adamized road running parallel with the
Nichols Fishtrap proposed highway in
good condition and with a bridge across
the Warrior river leading into Jasper
He deplored the haste of the board of
revenue, and also the fact that they voted
down the amendment of Rufe Bivens to
place the question of building the Nichols
Fishtrap road before the people, He told
of the interested parties who had Sc
cured options on. land for the terminus
at Nichols Fishtrap. He reiterated that
the road had been heightened half mile
in order that it should pass through the
land of Mack Black, a brother of Colman
Blach. an interested stakeholder of the
Birmingham Interurban Development
company.
CHANGES OF TIME
My good friend Terry said an electric
road was impracticable; then, if that is
so, why did Colonel Shortridge employ
George Clark to make him financial
statement as to it's probable earnings .?
was one of the questions cred by Attor-
ney Ross He also stated that the hackers
of the Nichols Fishtrap road had changed
their tune and did not announce now
that they wanted to get on the Warrior
river for it's navigation possibilities.
"Oh, no." shouted Mr.. Ross, it's a
grand highway trunk line, with federal
aid That's their latest song
Attorney Felix E. Blackburn started in
where his associate finished. Mr.. Black
burn started in by charging fraud on
Jefferson county, that the money of the
taxpayers was about to be filched from
the county treasury in the construc-
ton of highway that was only to
serve private interests. He satirized Col
onel Shortridge for his statement in the
newspapers that he wanted the light
turned on. With bitter irony ATTORNEY
Blackburn painted Colonel Shortridge as
an outraged citizen who wanted every
thing open and aboveboard, who demand
ed that all the facts be known in order
that his honor and integrity be indicated
before the public.
"And yet" Numbered Mr.. Blackburn,
when we approached Colonel Shortridge
for his sworn affidavit he refuses, but
says he will write one at his office and
swear to it and then give it to US. Is
that turning on the light?
you got your affidavit, didn't YOU ~
asked Colonel Shortridge from the au-
dience.
Order in court" said Judge Smith.
Colonel Shortridge, you must not in
dulge in the argument"
DISREGARD FOR PUBLIC
Mr.. Blackburn then continued and
stated that the policy of the majority
of the board of revenue since their de-
feat at the polls last May had been that
of 'the public be damned" attitude. He
again went to satire in speaking>of the
apostle of the Chamber of Commerce,
John W. Sibley, and reiterated the charge
against County Engineer Clark, who, he
stated, made his financial report to the
Birmingham Interurban Development
company as consulting engineer" be-
cause that was his official title He
dwelt for time on the fact that the
Nichols Fishtrap highway had beer
heightened in order to benefit brother
Mack Blach) of one of the incorpora-
tors of the Birmingham Interurban De-
velopment company Goldman Blach), and
also that the Grassland report was held
up until after the primaries on various
subterfuge that Engineer Grassland was
i'll or else was away. He empha sized
the fact that the Birmingham Inter
urban Development company already had
taken advantage of the board of revenue
by using the survey of Engineer Roger.
and that County Engineer Clark had
used the Rogers surveys in order to make
his financial report to Colonel Shortridgt
of the Birmingham Interurban Develop
ment company.
| About this time Attorney Blackburn
| pleaded Illness and Judge Smith ad
! journed the hearing until this morning
at 10 o'clock.
| The courtroom yesterday was as crowd.
| ed as the day previous, and the CLOSING