The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-11-11
HAS BEEN HANGING
FIRE FOR THE PAST
SEVERAL MONTHS
Petition to Establish Road Is Adopted
and Viewers Are Appointed.
Viewers Will Report This
Morning at 11:30 O'Clock
BY RICHARD +. LUSSIE.R

way COliIl uCI WILL NC dWdl utu
this morning by the majority of
the board of revenue.
A rule nisi issued by the state SUI
preme court yesterday forbidding
Judges c. B. Smith and e. G. Crow
from further interfering with the ma
jority of the board of revenue, cleared
the way for the adoption of the petit
ton of w. F. Nichols and Greenberry
B. Vines establishing the Nichols Fish
trap highway and seeking the appoint
ment of viewers.
The petition of Mr.. Nichols and Mr.
Vines was adopted and placed on record
on the motion of Lawrence A. Penning
ton and seconded by Hugh McGeever.
Maj. W. A. Cameron also voted for the
petition. President r. +. Lovelady and
Rufe Bivens voted against the PROPOSE
ton. The majority of the board of rev.
enue also appointed the following view
ers: Pank Sneed, c. L. King, /. V. Sal
ter, w. j. Moses, DR.. H. A. REVERE and
Glenn Burke.
ADJOURNED UNTIL MORNING
Immediately following the adoption Of
the petition and the appointment of the
viewers the majority of the board of
revenue adjourned the proceedings until
11:30 o'clock this morning. The viewers
will make their report this morning, and
it is proposed that the contract to con-
struct the Nichols Fishtrap highway
no a ar1e6 INN fol
The report that the majority of the
board of revenue would award the con-
tract this morning created much inter-
est about the courthouse yesterday after
noon. Attorneys for both the opponents
of the road and for the highway were
frequently noticed in consultation and
everyone expected some further judicial
injunctions would be served on the board
OF revenue at the last moment to pre-
vent the contract being awarded
At one time during the afternoon the
canvassing of the votes under Chairman
John b. Bethea was hurried in order
to provide election certificates to the
newly elected board of revenue should
they desire to go to Montgomery at once
to qualify. This plan was discarded after
several conferences and it was dscov-
cred that no matter how soon they quail
fled the new board could not take office
until next Thursday, when the terms OF
the present majority of the board ex-
pires
Dr. ]. B. Vines, one of the newly
elected members of the board, said:
II have no objection to qualifying as
soon as possible, but it will be impos-
sible for us to take office before No
vember 16. If the present majority of
the board cares to award the contract to
construct the Nichols Fishtrap highway
on Saturday morning I see nothing in
the way to prevent it."
WILL GO TO MONTGOMERY
President Lovelady, it was stated last
night. was going to Montgomery this
morning. When called at his home last
night he said
Il may go to Montgomery in the morn
ing. However, nothing is certain 1 do
not know what the majority of the board
Of revenue will do in the matter Of
awarding a contract. I know this, how
ever, do not propose to talk about it,
Attorney Felix e. Blackburn, who, with
George Ross of Bessemer, represents
f. H. Hyche in the injunction proceed
ings to prevent the construction of Mich
OILS Fishtrap road, stated last night that
no matter if the contract was awarded
the courts would nullify it within the
next few weeks.
1--WE have good, sound legal grounds to
stand on said Attorney Blackburn,
land we propose to maintain this fight
to a finish. OF course. we expect the
majority of the board to award the con-
tract on Saturday, but l believe their
actions will be nullified by next Thurs
day when the new board takes office"
The contract for the Nichols Fishtrap
highway was to have been awarded sew
eral months ago. but an injunction
granted by Judge f. c. Grow to E. III.
Hyche, a court bailiff of the Bessemer
city court, stopped all proceedings the
day before the contract was to have
been awarded.
FOUGHT FOR DELAY
A fight in the circuit court followed
Hyche and his attorneys mainly fought
for delay, hoping to defer all action I'M
til the newly elected board of revenue
takes office next Thursday. The new
board is known to oppose the Nichols
Fishtrap highway, and it is understood
that it will resclnd all action favoring
that road as soon as it takes office.
1t was thought until yesterday that the
courts had successfully blocked the plans
OF the majority of the board of rev.
enue but, like bolt from the blue,
came the rule nisi from the supreme
court in Montgomery which forbade the
local circuit court judges from enforc
ing their dictates. The awarding of the
contract for the construction of the road
which, in round numbers, will cost ap-
proximately s5OO,O00 then became a fore
gone conclusion, as the whole fight Of
the majority of the board has been for
that purpose.
At the meeting of the board of revenue
this morning all the attorneys for both
sides will be on hand as we'll as a great
gallery of road enthusiasts. The minor
ity of the board of revenue composed OF
President Lovelady and Rufe Bivens are
expected to be absent as they are OPP
posed to the awarding of the contract.