The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-10

Bessemer Citizen Makes
Charge of Interior Mo-
tives in Locating
Route
BLOW AT PROGRESS
is STATEMENT OF
ENGINEER CLARK
County Board of Revenue Will Make
Answer to Injunction Petition
and Seek to Dissolve the
Restraining Order

There will be no contract awarded at
noon tomorrow by the board of revenue
for the construction Of the Nichols Fish
Trap road.
This action of the board has been in
definitely postponed through the action
of Judge E. G. Grow of the circuit court
E. D. Hyche, a bailiff in the city court
o. Bessemer, to restrain and enjoin the
board Of revenue from granting the con-
tract and from issuing any warrants to
pay for the construction of the Nichols
Fish Trap road
Notice of the temporary injunction was
served on every member of the board of
revenue yesterday with the exception of
Maj. w. ID. Cameron, who was not pres
ent at the courthouse.
w. D. Terry, attorney for the board of
revenue, when asked If the Injunction
proceedings constituted a friendly suit.
replied:
1T is most emphatically not friendly
suit" he replied, "and we will maLA
answer to all the allegations within the
next few days, and will seek to dissolve
the injunction. We had no notice what
ever"
CONTRACTORS ON WAY
County Engineer George II. Clarke was
also perturbed at the filing of the snju1c-
tlon proceedings, as at the Instructions of
the board of revenue he had melted con-
tractors to visit Birmingham to make bids
for the construction work. About a score
or rr,r, Of
city at the present time and they and
their representatives have come from all
parts OF the country. Mr.. Clarke esti-
mates that the county is seriously dam
aged by the filing of the injunction pro-
ceedings and he expressed great surprise
at the low bond placed against the com
plainant:
THE bond should have been at least
SIX, OOO, said County Engineer CLARKE,
as if the suit fails the county should
have an opportunity to recover for the
damage suffered through delay and the
embarrassment caused by having invited
bids and contractors to visit Birming ha m
only to disappoint them. 1t is blow at
progress
AS for the members of the board of rev.
enue not one Of them would say a word
for publication. President Lovelady indi-
Gated that any statement would come
through w. D. Terry, the attorney for
the board.
AT the courthouse it was common COS
sip yesterday morning and afternoon that
the purpose Of the temporary injunction
was to cause delay in awarding the con-
treat until Hugh McGeever, Lawrence II.
Pennington and Maj. w. D. Cameron are
succeeded by Jerry Gwin, Frank Hewitt
and DR.. ]. B. Vines next November. The
incoming members of the board of reve-
nue. are said to be against the Nichols
Fishtrap proposition, and If the contract
is not awarded before November 16. 1t is
stated at the courthouse that it will never
be awarded.
ALLEGES UNDUE INFLUENCE
In the plea for an Injunction Mr..
Hyche makes some serious allegations
to the general trend that Lawrence H.
Pennington, through "ulterior and cor
rupt motives, lent his aid and influence
as a member of the board of revenue
to pass the resolution for the Nichols
Fishtrap road" 1t charges that Mr..
Pennington was influenced by his
father, the general superintendent OF
the Pratt Consolidated Coal and Iron
company; and also that the whole pur-
pose of the construction of the high
way was to enhance the values of the
lands of the Pratt Consolidated Coal
and Iron company 1t also alleges that
there is at the present time good
road to the Warrior, the Taylors Ferry
route, and that the construction of a
road to Nichols Fishtrap was sub
terfuge and an evasion of the law. Also
that there was water enough at Tay-
lor's Ferry for large steamers to move
about in comfort, while at Nichols
Fishtrap there was no room even foI
tugs to navigate.
Other allegations were that the
county was heavily in debt and that
| issuance of $275,000 in warrants would
| jeopardize the credit of Jefferson coun-
ty and also place it above the debt
limit allowed by the state constitution
which is az per cent of the assessed
valuation.
The bond OF Mr.. Hyche was set Al
$500, and was signed by the following
citizens of Bessemer. and the western
part of the county: J. w. Leggett D. N
Wright, J. r. Waldrop, w. D. Riley
J. A. Roberts, Sam Romano, ]. v. Norris
Marshall Waldrop. E. w. Mcneil, George
| Ross and M. Vines. The signers of the
bond are said to represent property o.
about $500, 900.
COMPANY OWNS NO LAND
| Erskine Ramsay, vice president ant
one of the principal owners of the Pratt
Consolidated Coal company, ridiculed tht
| CONTINUED ON Page Eight