The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-12
CROW CONSENTS FOR
SMITH TO HANDLE
THE INJUNCTION CASE
Speedy Action Expected Fol-
lowing Agreement to This
Effect-County Is Not
Near Debt Limit

Judge C. B. Smith of the circuit court
is to have Jurisdiction of the Hyche in
junction suit.
This was agreed yesterday upon receipt
of a telegram from Judge e. c. Crow,
who had granted the temporary injunc-
court of Bessemer. last Friday night
against awarding the contract to grade
the Nichols Fishtrap road to the War
rior river.
Judge Crow telegraphed to Chairman
John w. SibIey of the Chamber of Com
merce Warrior river committee that II
was perfectly agreeable to him for Judge
Smith to have Jurisdiction of the injunc-
ton proceedings:
Following is the telegram of Mr.. Sibley
to Judge Crow at Pensacola:
Wire, collect, when you expect to
return to Birmingham, and whether
it will be agreeable for Judge Smith
to take Jurisdiction in the matter of
injunction restraining board of reve-
Uut lTOiii lcLliii6 eotANAoNe ~
struction of the Nichols Fistrap road?
Contractors from everywhere present
to bid and imperative to have speedy
action, if we are to protect the
county's reputation and not clog the
wheels of progress. The construction
Of this highway was Endorsed by every
civic organization in Birmingham and
by all the press, and we feel that
the petition of county bailiff with
only a nominal bond should not be
allowed to hold the matter up. The
importance of the welfare of this dis
trict requires a speedy hearing
Less than an hour afterward Judge
Crow telegraphed the following answer tc
Chairman Sibley:
Perfectly agreeable Judge Smith
assume Jurisdiction Hyche injunction
suit.
w. X Terry, attorney for the board
of revenue, it is known, will have hi.
answers to the allegations In the E. d
Hyche petition for injunction ready by
this afternoon, and 1t is further under
stood that hearing on the merits of thu
temporary injunction will be granted to-
morrow morning by Judge Smith.
Adherents of the Nichols Fishtrap roat
are firm in the conviction that the tenn
porary injunction by Judge Crow will ~
dissolved.
All the votes taken yesterday were OF
resolution offered by Attorney w. K
Terry to postpone the awarding Of the
contract until September %. The resolu
ton was amended by DIR. .Lovelady, bu
was finally laid aside owing to tie vot'
on its final passage The resolution may
be taken up again this morning wher
Lawrence H. Pennington is expected t.
be present.
THE RESOLUTION
The resolution of Terry follows:
"Ordered by the board of revenue O.
Jefferson county, that on account OF {
temporary writ of injunction having beer
issued by the Hon. e. c. Grow. judge O.
tho circuit court against the board o.
revenue and each member thereof on the
9th day of September, 1916, restraining
said board and each member thereof from
taking any further steps or progress
whatever towards the establishment
construction or building of the Nichols
Fishtrap road. that the opening of bid
and letting of contracts for the construc'
ton of said road be postponed until Mon
day, the 25th day of September, 1916. a
which time this board will open the bid
and proceed to let contract to tn
successful bidder If the temporary writ
of injunction shall have been dissolved
or to further postpone action IL said tenn
porary writ Of injunction shall not hav'
been dissolved
1t was urged by Felix E. Blackburn
an attorney representing L. d. Hyche
that the resolution, if adopted, woult
be in contempt of court.
DIR. Lovelady also frowned on hearint
the protests of various delegations ant
citizens against the enjoining Of thu
building of the Nichols Fishtrap road, a.
he construed that would also be In con
tempt of court.
Among those present were John w. Sib
ley, chairman of the Chamber of Com
merce highway committee, and Lee Bon
ner, a good roads enthusiast. Both O
these citizens announced that plans wer'
In process of formulation for a vigorous
fight to dissolve the Hyche injunction
and to see that the contract to construc
the Nichols Fishtrap road was awarde<
before next November.
Owing to the meeting of the board o
revenue yesterday morning the Chambe
of Commerce Warrior highway commit
tee postponed its meeting until called to
gether by the chairman. Most of tn,
members Of the committee were in at
tendance before the board of revenue.
Chairman Sibley of the Chamber o
Commerce committee said:
GRASSLAND APPROVED
United States Highway Engineer W
A. Grassland recommended the construc
ton of the Nichols Fishtrap highway
He is a government engineer of higl
reputation and he said the Nichols Fish
trap road should be built first"
At the office of County Treasurer Cleo
b. Rogers 1t was stated that there wa
no limit to the floating Indebtedness
ana that the bonded Indebtedness wa
limited to 31s percentum Of the assesse
valuation of property. The assesse
value of property in Jefferson count
at the present time is reported to b
over $3.50. 900. co., which limits the bonde
indebtedness of Jefferson county, to S.
10000. The present bonded indebtedness
Of the county is 81. 200. 900, and its floating
a h<>s,t 00n