The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-14
HEARING OF HYCHE
INJUNCTION SUIT IS
SET BY JUDGE SMITH
Adherents of Nichols Fish
trap Route Expect Injunc-
ton to Be Dissolved
TWO BOARD MEMBERS
OPPOSE THE HIGHWAY
Injunction Gives Serious Setback to
Good Roads Projects and Other
Developments on the
Warrior River

After hearing statements of John w.
Sibley, chairman of the Warrior river
highway committee of the Chamber of
Commerce, and w. K. Terry. attorney
for the board of revenue, Judge c. B.
Smith agreed yesterday morning to hear
the merits of the E. D. Hyche tempo
rary injunction against the awarding of
the Nichols Fishtrap road contract
next Thursday morning at 10 o'clock,
provided Judge E. C. Crow had not re-
turned from his vacation by that time.
Judge Smith stated that he had talked
with Judge Crow over the telephone,
and that the jurist who granted the
temporary injunction to the court bailiff
of the Bessemer city court would be in
the city by next Monday morning.
Friends of Judge Crow, however, aver
that he will not return to Birmingham
until his vacation is up on September IS.
With court hearing promised for next
Thursday the adherents of the Nichols
Fishtrap highway are positive that the
Hyche temporary injunction will be dis
solved, and that even with an appeal to
the supreme court the entire litigation
can be disposed of in time to award the
contract to construct this highway to the
Warrior river this year.
CONSTANT OPPOSITION
1t also developed yesterday morning
from the statements of w. K. Terry be-
fore Judge Smith that DR.. r. f. Love-
lady, president of the board of revenue,
and RUFF Bivens. another member of the
board, were not DESTROYS of having the
Hyche injunction dissolved. Mr. Terry
stated that he had filed the motion to
dissolve the Hyche injunction at the re-
quest of Hugh McGeever, Maj. W. j.
Cameron and Lawrence H. Pennington.
DR.. Lovelady and Rufe Bivens have been
consistent in their opposition to the
Nichols Fishtrap highway.
County Engineer George III. Clark
stated yesterday afternoon that the
Nichols Fishtrap highway had already
been approved by the board of rev.
enue as an integral part of the At
lanta, Birmingham and Memphis high
way, but that the Hyche injunction had
seriously embarrassed the plans of the
Alabama Good Roads association.
THE Nichols Fishtrap road" said
Mr.. Clark, lis the logical short line to
the Warrior river. 1t has been ap-
proved by the United States engineer,
w. A. Grassland. as such. 1t also brings
the highway to point on the Warrior
river where a bridge can be built and
also to a point where Walker county
has promised to build a connecting
road as it's link on the Atlanta, Biz
mingham and Memphis highway.
Incidentally it is only question of
a few years when the government Will
build another lock on the Warrior river
at or near Nichols Fishtrap. If the gov
eminent does not build such lock,
the coal operators will. as they have
too many rich coal deposits above that
point on the Warrior river not to IN
crease the navigable possibilities OF the
river. If a lock is constructed at
Nichols Fishtrap, 1T means that bridge
must be built below that point. The
river at Nichols Fishtrap is about 25o
feet wide and a bridge could be con-
structed at that point at a nominal
cost. In fact. at Nichols Fishtrap is
about the only place where a bridge can
be built across the Warrior river.
SERIOUS SETBACK
"The board of revenue has already
gone on record as favoring the Nichols
Fishtrap highway as part OF the At
lanta. Birmingham and Memphis high
way. but this Hyche injunction upsets
matters and in the eyes OF the good
roads advocates, who are. by the way,
a powerful body of citizens OF Jerrer-
son county. is given serious setpack'
Today at the Tutwiler hotel good
roads advocates from all the state and
county will gather to form the Jeffer-
son county branch of the Atlanta, Bir-
mingham and Memphis highway. 1t is
understood that there will be thor
ough discussion at this meeting of the
Influences that are behind the action
of Mr.. Hyche of Bessemer In filing In
junction proceedings against the board
of revenue.
Judge Smith stated yesterday morn
ing that he was having no peace owing
to the numerous inquiries regarding
the Hyche Injunction.
'T cannot sleep" said Judge Smith.
IT cannot stay at home. at my office
or go anywhere, but that some citizen
approaches me regarding the Hyche in
junction, 1t is a matter evidently OF
vital Importance to the county and
would prefer that Judge Crow should
pass on it, as he originally issued the
temporary Injunction. But II Judge
Grow does not return by next week l
will hear the pleadings next Thursday
morning at 10 o'clock In the mean
while I hope Judge Crow comes back
Marriage Licenses
The following marriage licenses were
issued yesterday in the office of the pro-
bate clerk:
J. D. Jones and Miss Clara Belle Mill