The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-28
JUDGE CROW BLOCKS
CONSTRUCTION OF
F|SHTRAP HIGHWAY
Circuit Court to Review
Records of Board of Reve-
nue. on Proposed Road
AWARDING CONTRACT
DELAYED BY ORDER
Opposition to Highway Jubilant Over
Decree, Which, 1t Is Said, Will
Stop Construction of the
Highway

Stop Construction of the
! Highway
All further plans looking to the award
ing of the contract for the construction
OF the Nichols Fishtrap highway to the
Warrior river will be reviewed by the
circuit court. according to an order is
sued yesterday by Judge E. c. Grow.
Attorneys Felix Blackburn and Good
wyn & Ross, representing Thomas S.
Smith filed petition before Judge Grow,
f, asking for a writ of supersedeas and
certiorari, directing that the board of
revenue file a complete transcript of all
the records and minutes pertaining to the
| esta blishment of the Nichols Fishtrap
road and that these proceedings be
quashed and, further, that pending nnal
hearing the board of revenue be COM
manded and directed to desist from all
further proceedings in the matter OF es-
tablishing the highway, or opening OF
bids. or the letting or executing of any
contract.
! Immediately after Judge Grow read the
| petition he issued an order that upon the
making of a $500 bond the following order
be directed to the board of revenue;
WRIT OF CERTIORARI
The people of the state of Alabama TO
r. f. Lovelady Hugh McGeever, w. j..
! Cameron, Rufe Bivens and Lawrence H.
Pennington, as members of the BOARD
of revenue of jefferson county, Alabama,
greeting:
whereas, we have understood that
lately before you. or some of you. COM
| posing at the time the board of reve-
nue. of jefferson county, Alabama, such
proceedings have been had that you, or
some of you, have irregularly and with
out authority or jurisdiction, established
or undertaken to establish, new public
road known and called by you as Nichols
Fishtrap road said road extending from
the corporate limits of Wylam to the
/ Warrior river at or near the mouth OF
/ Deer creek or Fishtrap branch, ana that
YOU have advertised for bids for the con-
| struction of said road. and we being will
ing, for certain reasons, TO pc certlneu
1 of seertain orders and resolutions and all
proceedings touching and concerning the
establishment, construction and adver-
tisement for bids for the construction
of said new road, known and described as
aforesaid, do command you that all
| and singular the orders, resolutions,
record and proceedings touching and
concerning the establishment, con-
/ struction and advertisement for bids
for the construction Ol Setiu iodt' 90 ANiiJ
and entirely as before you they remain, to
the present term of said circuit
court to be holden for JEFFERSON
county. within 80 days from the
service of this writ. under your hands
and seals, you certify and SEND. that
therein we may further cause to be done
what of right and according to the laws
of this state, ought to be done, and In
the meantime we command and enjon
/ Won the said r. F. Lovelady, Rufe Biv-
ems. Lawrence II. Pennington, Hugh NC
/ Geever and w. ]. Cameron. as members
of the board of revenue of Jefferson coun-
! tv Alabama, to suspend and deslst from
] all further proceedings in the matter to
be reviewed and to do no act and take
4 no further steps towards receiving, ac-
cepting or OPENING any bids for the con-
! struction' of said road and letting or
executing any contract for the construc-
tion of said road, until the further order
of said circuit court.
CIVILIAN ]. WALDROP. Clerk"
EFFECT OF INTERFERENCE
The effect of the latest judicial in
reference with the establishment OF
the Nichols Fishtrap highway IS stated
an the courthouse to fully assure the
fact that if the contract for this high
vav to the Warrior river is ever
awarded that the incoming board Of
revenue, who take office on November
16. will pass on the proceedings.
Judge Crow gave out no date yes
terday as to when he will grant a
hearing on the petition of Attorneys
blackburn and GOODWIN Ross. but
it is understood that several days will
4 elapse before any further action which
4 practically means that the present ma
iority of the board Of revenue will not
he able to award the contract to con-
strllct the Nichols Fishtrap highway
before November 16. That is admitted
ly the purpose Of Attorneys Blackburn
and GOODWIN & Ross, and the use of
the courts through the petitions of
citizens is only means to their de-
sired end, which is to thwart the ma
iority of the board of revenue COM
posed of Lawrence II. Pennington,
! Hugh w. McGeeyer and Maj. w. d.
Cameron from awarding the contract
TO construct the highway to the War
rior river.
REINSTATES INJUNCTION
/ Attorneys Blackburn. Goodwin &
Ross also filed a $4,000 appeal bond
Yesterday afternoon to Clerk William
Waldrop Of the circuit court to the
i dissolving order of Judge C. B. Smith.
| This action automatically reinstates
the temporary injunction issued by
Judge Grow, which forbids the board
of revenue from taking any action in
the matter
With the writ of certiorari COM
pelling a review of all actions by the
circuit court and with the reinstate-
ment of the temporary injunction of
Judge Grow forbidding the taking of
any action at all the attorneys for L.
D. Hyche and T. S. Smith, who oppose
the construction of the Nichols Fish
trap highway, are in a jubilant mood
as they feel that they have finally
| blocked the proposed road.
No statement would be made by any
members of the board of revenue yes
terday regarding the latest move of
the opponents of the Nichols Fishtrap
| road