The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-12-08
PROTEST MADE TO
CARRYING OUT ROAD
BUILDING CONTRACT
Claim Made Contract Was
Let When Prices Were In
flated and County Will
Lose $4,000


imately eight miles on the north Bes-
semer road from Bessemer to Fair
field will be filed in chancery court
within the next few days, according
to Augustus Benners, of the firm of
Percy, Benners & Burr, local at
torneys yesterday.
The petition will seek to prevent
the board from allowing the Dunn
Construction company to perform the
construction work on the road In
accordance with contract awarded
to them in 1920 by the previous
board of revenue calling for con-
struction price of s367659 rs for the
eight miles.
Represents Citizens
Mr.. Benners stated that his firm
does not represent any of the corpo-
ratlons for which it is counsel, but
has been retained by number of
public-s spirited citizens who feel that
II would be a wanton waste of the
public funds to build this road now
az prices based on the cost of labor
and materials as they were in the
spring of 1920 when inflated prices
were at a climax"
According to his clients, the
attorney stated, the drop in cost
of labor and materials in the
months since the contract was
let will result In the county
having to pay approximately
$4,000 more for the work by
adherlng to the original contract
than IL that contract were re-
pudinted and new bids asked for
ON the basis of material and
labor costs ms they exist at
present.
Recently communication was
sent to the board of revenue by the
law firm on behalf of its clients pro-
testing against the carrying out of
the contract with the Dunn Con-
struction company in which they
stated: I'VE have been retained by
several taxpayers of this county to
call your attention to what they be-
lieve to be the great wrong to the
interests of the county and its tax
payers of now letting contracts for
the construction of roads in this
county al prices that were bid for
such work in the spring of 1920"
North Bessemer Project
The letter then referred to the
North Bessemer project and pointed
out that whereas the bid submitted
by the Dunn Construction company
for the work at that time was $780,
659.7 on October Z. 1921, the same
firm bidding on the Wylam road sub
mitted bid the AMOUNTS of which
at the same rate would amount TO
only s252,o29.59
Assuming, however" the letter
continues, that the bid of the Dunn
Construction company for road work
on October Z. 1921, was at what
were then fair prices for road work,
the conclusion is inevitable that if
the county let's construction of the
Fairfield Bessemer road at figures
bid April %, 1920. the road will cost
the county s115,630.16 more than it
should cost under present conditions.
1--WE can see no justification
whatever for the effort to revive
or let work mt bids made In
April, 1920. when the cost of
labor and material was, ms
everyone knows. greatly in ex-
cess of what 1t is now. We note
from the proceedings of the
board That the proposed contract
with the Dunn Construction
company now to he closed mt
the bids of April, 1920, is condi-
toned on the county's having
the money on hnnd to pny for
the work.
ut is we'll understood that it is
proposed to raise this money by the
sale of some of the $4,000 900 issue of
5 per cent bonds authorized. 1t is
also perfectly we'll understood that
these bonds cannot be possibly sold
at par at this time. Repeated de-
cisions of the court with reference
to this bond issue have made II plain
that any disposition of these bonds
except dollar for dollar to the coun-
ty would be illegal.
Motives of Board
ut is not our desire to criticise
the motives of the board with ref
erence to the proposed construction.
We are presuming that the board re-
CARDS it as good business to now let
road contracts at prices bid for the
work in April, 1920. Our clients
maintain exactly the opposite view,
viz: That such a course would be
utterly bad business"
In a table prepared by the attor-
neys and submitted with the letter
are figures purporting to show COM
PARSONS in costs on the same ma
terials between the bid of the Dunn
Construction company on the Besse-
mer road in April, 1920, and the bid
of the same concern on the Wylam
road in October, 1921.
In the table common excavation is
placed at s1.25 cubic yard in the
first contract, SO cents in the second;
solid rock, s240 cubic yard in the
first as against rs cents in the Sec
ond; Class A concrete. s36 in the first
as against S25 In the second; Class
B concrete, 1913 in the first as against
$40 in the second; Class C concrete,
$50 in the first as against Sis In the
second, and other materials to be
used in the two roads at correspond
ing differences.
Enormous Profits
ITO allow construction Of this
road on the April. 1920, basis of costs
giving the construction company the
l eEefit of the drop in cost of ma
terials and labor. would be to allow
the Dunn Constr uction company to
make the enormous profit of s115.-
63016 over and above their ordinary
profits on a bid made at the present
time in the view of our clients" Mr..
Benners stated, land we are already
preparing petition for injunction
to restrain any such expenditure of
the public moneys which will be filed
in the courts within the next few
days"
AT a recent meeting the board of
revenue passed a resolution order
ing the carrying out of the April,
1920. contract with the Dunn Con-
struction company for the road re-
ferred to in the letter and notified
tho attorneys that the work would