The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-20
AMENDMENT FILED

AMENDMENT FILED
Regarding the amendments to the orig
inal bill of complaint filed with him yes
terday w. K. Terry, attorney for the
board of revenue refused to make any
detailed statement for the newspapers by
saying:
II am not trying this case in the
newspapers"
Among some of the allegations of
Hyche, is the statement that while the
federal road engineer Grassland recon-
mended a per cent grade on the Mich
OILS Fishtrap highway, the majority Of
the board of revenue passed a resolu-
ton, while influenced by Engineer Clark,
for a 2 per cent grade at an additional
cost of $4,000 This, 1t is alleged, was
done because the Birmingham Interurban
Development company desired it to be
done
The alleged Birmingham Interurban De-
velopment company is a corporation with
capital stock of $1,000, which was incor-
porated on March 16. by several enter
prising citizens, among them being Col.
w. W. Shortridge, HI. E. Mccormack and
w. E. Spencer"
1t is further averred by Mr.. Hyche
that: That having organized itself into
said corporation as aforesaid, said cor
poration or Their chief promoter thereof,
way over and along the proposed road
to be built from Birmingham to the
Warrior river by the said board, and to
secure franchise for said railroad along
said public road, and with this end in
view and to accomplish same the promo
ters of said corporation took counsel
with and retained the services of said
County Engineer George H. Clarke as
the consulting engineer of said corpora
inn, md thnr 10, ar ,lal
to survey route for said railroad right
of way from point on the Warrior river,
where the proposed Nichols Fishtrap
road would intersect said river on to the
city of Jasper, adopting a said railroad
right of way from said river to Brming-
ham the route indicated and proposed by
said Grassland for said Nichols Fishtrap
road. and which was located and sur
veyed by the said Clarke, it being the
prime design of the chief promoter of the
said corporation to have the county of
Jefferson grade said road and at such a
grade as that they could operate easily
street railway. and then ACQUIRE a
franchise for said railway right of way
over same, all of which complainant
AYERS and charges the said majority of
said board was fully advised of.
FOUR PER CENT GRADE
But it was discovered that the per
cent grade which said Grassland recon-
mended in his report for said road would
DC too heavy and impractcable for the
purpose of modern. up-to-date ipterur-
ban street railway right-of-way, and the
idea was conceived by said corpora ion
or those acting for it that while the
county was building said road 1t NIGH,
as we'll make the grade suitable 70,
quick and easy service for said street
railway, and, incidentally, work a great
saving in the construction and operation
of said street railway to said corpora tior
or its assigns. So, accordingly. in due
time the said Clarke in his said official
capacity as county engineer of Jefferson
county, recommended to and used his in.
fluence with the respondents to secure
the construction of said Nichols Fish.
trap road on maximum per cent grade
instead of on a maximum per cent
grade. And complaint AYERS and charges
that thereupon the majority of SAID
board did order the construction of said
road on a maximum 2 per cent grade
instead of a maximum 4 per cent grade
And complainant AYERS and charges that
the plans and specification for the con.
struction or grading of said road, and
which is part of the contract sought
to be enjoined in this suit, calls for and
specifies maximum 2 per cent grade
in the construction of said road and
complainant charges that the construc.
ton Of said road on the maximum pei
cent grade would cost the county Of JET.
ferson approximately $4,000 more thar
the construction of the same road on the
maximum per cent grade. all of which
was well known to and understood by
said majority of said board.
RIGHT OF WAY
"And complainant evers and charges
that the majority of said board knew
of the intended project and plan of the
said Birmingham Interurban Develop.
ment company, or those in charge oil
it's promotion, to acquire from tho
county of Jefferson a street raiIwa,
right of way and franchise along ani
over the right of way of said road a,
no expense or cost to the promoters Of
said company. And complainant aver,
and charges that in letting said con.
tract for the construction of said road
and especially on the maximum 2 pc,
cent grade as hereinabove set out, sait
majority of said board would thereb,
be lending the credit of Jefferson coun.
ty in aid and furtherance of said private
or corporate enterprise of building 8
street railroad from Birmingham t.
said Warrior river along and over thu
right of way of SAID road, which com.
plainant AYERS would be in direct con.
travention of and in the very teeth OF
section "a of the constitution of the
state of Alabama forbidding counties
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