The Birmingham age-herald., 1921-12-30


 It is claimed that the county will lose approximately s1oOo0e by carry ing out the contract instead of re- letting it to another bidder whose bid. it is claimed, would be based on present-day costs or labor and ma terlal instead of on those obtaining in the spring of 1920, when the con tract is alleged to have been let
 Members of the board of revenue declare the decision to carry out the contract by selling s394.0O0 worth of county road improvement bonds to the Dunn Construction company at par and accrued interest and an ad- ditional premium of per cent to cover construction cost on the road was reached because they had a valid contract with Dunn, for breach Of which they would be liable in dam ages. and that they welcome a judi cial determination of their rights and obligations in regard to the matter. They also deny that the county will lose any money by carrying out the contract, and claim that the premium which Dunn will pay on the bonds, together with the saving in dam ages and interest on new bonds car rying per cent interest instead of 5. will cover the difference in con- struction cost between conditions as they now exist and as they existed in the spring of 1920.
 Says Contract Let
 It is admitted that the minutes of the board for May ', 1920, when the 4s. -a|il fr hox not show that the contract was act ually awarded to Dunn, but only that S. R. Batson, then county highway engineer. recommended that the con tract be let to Dunn as the lowest bidder.
 This omission. however, Is declared by board members to be due merely to a clerical error when deputy clerk, acting for D. U. Ball, then clerk of the board who was absent from the meeting. failed to make the entries on the minutes showing the award.
 In this connection members of the board point to the minutes entries Of 27, 1921. which show that a resolution was unanimously adopt ed by all five members of the board. D C. Ball, Jerry Gwin, Thomas E Huey. W. B Copeland and Lacey Ed mundson, authorizing the president O. the board to formally sign the con tract for construction of the road with Dunn, and referring to the award of the contract to Dunn al the meeting of May [. 1920. These minutes show, it is eontended' that all members of the board treated the award as having been regularly made.
 xf:rutes Recited
 Tba minutes entries of September 97 referred to recite: Whereas, the Dunn Construction company did, on tbe 2Stb day of April, 1920, before r o'clock. noon, on said date, pursuant to and in strict compliance with, the terms of said notice, submit a sealed bid to said board to construct san project No. LA in accordance wlul the plans and specifications thereIor' and at the unit prices therein sta.su' ss, and did accompany said bids ana tile tberewith a bidder's bond in the sum of $1 900. pursuant to the agree ment of said board to accept the same in lieu of certified check re- ouired by said notice; and, whereas the said board did meet at the tliIle and place mentioned in said hotlce and did publicly open and read all the bids submitted to and filed Wllh the board for said project above men toned and did, thereupon, adJudge and determine that the Dunn Con struction company was the lowest bidder for said project. and the said board did, at it's meeting on May [, 1920. by the unanimous vote of the board, duly taken as required by law, duly accept said bid, and did duiy award the work to the Dunn con ,struction company under said proJ- ect." Then follows authority 10 lne president to sign the contract
 Whites Statement
 Following is the statement of White issued yesterday:l
 ..The board of revenue may not only be enjoined from ruthlessly spending the taxpayers money, but