The Birmingham age-herald., 1916-09-28

All hopes for the awarding of the con- tract for the construction of the Nichols Ffshtrap highway apparently went glim- mering yesterday afternoon when Judge c. B. Smith filed his decision and opin- ioI with the clerk of the circuit court on the motion to dissolve the temporary in- junction granted E. D. Hyche by Judge E. c. Crow several weeks ago.
 Judge Smith dissolved the temporary injunction granted by Judge Crow, but ruled that if an appeal to his decision be reinstated upon the making of a 5000 bend.
 In the opinion of Attorney Felix E.. Blackburn, who represents E. D. Hyche, court bailiff of Bessemer, the decis- ion of Judge Smith simply raises the bond of $500 set by Judge Crow when the temporary injunction was first granted to 5000, perfectly nominal sum.
 JUST RAISED THE BOND
 'The effect of the decson," stated MT. Blackburn, "of Judge Smith, when boiled down to it's last analysis is the offering of the injunction retained upon the bond of complainant being increased to s20Oo The granting of the motion, as matter of fact, does not dissolve the injunction. The complainant will give the increased bond in due time and the injunction will, as matter of course, be reinstated. It may be stated for pub lication that the contract for building the Nichols F'ishtrap highway to the Warrior river will not be awarded by the present board of revenue, even if it is ever awarded"
 When Attorney Blackburn was asked if he would file an appeal immediately, he replied:
 NO, certainly not We have 30 days Tn which to file an appeal and we are not obliging the opposition by being any too Tasty. However, on the first move made to take steps to award the Nichols Fish trap contract we will proceed to file an appeal that will reinstate the injunction '
 Attorney Blackburn seemed highly elated at the decision of Judge Smith, and he reiterated time and again that the opposition had won an empty 'vic- tory as after all whether the injunction was dissolved or in effect all that MT. Hyche was seeking was delay in award ing the contract until the present major ity of the board of revenue go out of office on November IS.
 THE DECISION
 Judge Smiths decision and opinion is lengthy as it covered fully six typewrit- ten sheets of legal cap. He fully covered all the legal points involved and he uni formly ruled against the allegations of Hyche. In summing up Judge Smith wrote:
 .'Construing these several acts the court is of the opinion that the legislature, by the act approved September 22 1915, in tended to give and did give, the board of revenue the right to establish and build roads without first having petition filed and following the provisions of the act of 1903 and that in the establishment of the road in this case they were acting under authority of law. Our supreme court has committed itself to such con- struction of a provision of the code of 1907 similar to the provision in the act of September p, 1915, for in the case of Kirby vs Court of County Commis- soners of Marshall county (65 Sou, 16S), that prior to the code of 1907 courts of county commissioners and boards of rev. enue were courts of special and limited jurisdiction, the supreme court says: We are of the opinion, however, that it was the purpose of the legislature to change this rule of law announced In the above cases, and to the extent of establishing roads, stock law districts, etc. to make