The Birmingham age-herald., 1922-03-01
BOARD OF REVENUE
 CONSIDERS DUNN
 CONTRACT AS VALID
In Answer to Injunction Pro- Ceedings to Stop Work on North BeSSemer Road
 Contract Is Upheld

Reasons why the county should carry out a contract with the Dunn Construction company were set forth yesterday in answers and de- murrers filed in the injunction pro- ceedings brought by William L.. White to stop all work on the North Bessemer road.
 The contract for the construction of eight and one-halt miles road was let in February, 1ss0, at an ap- proximate cost of $34e,0O0 to the Dunn Construction company. Mr White in his injunction proceedings objected to the carrying out of the contract on the grounds that $t0e,- ooo of the peoples money would be wasted, because with lower prices the contract could be let for less.
 Judge Hugh A. Locke on December 90, 1921, issued a restraining order to temporarily suspend work on the road
 The answer of the county which was filed yesterday in chancery court by County Attorney W. K. Terry. states that the county con- 'tNNA Q tbC tOniIaCN Ndilu one ne board of revenue, according to the demurrer. holds that the difference in the reduction of labor costs and prices of material will be offset by the premium to be paid by the Dunn company for the bonds. The bonds were for S363 .000 but the Dunn com pany purchased them for sS94, 900 with ' per cent premium
 Fail to show Fraud
 The county also holds that the Dunn company agreed not to ask damages for the breach of other con tracts with that company. Summing up, the county asserts that the "al- legations fail to show fraud or unfair dealings on the part of the county"
 For the construction company At torneys Bradley. Tillman & Baldwin filed an answer of 47 typewriter pages to the allegations of White It gives the steps by which the contract for the construction of the road was consummated. On February 16, 1920, the election on a s5,000.00 bond is- sue was called, and s2.0oo,0o0 worth of the bonds for road paving, inelud- ing the North Bessemer road were sold April 20.
 company goes on to say that the bids on the paving were opened on April and that the North Bessemer road was awarded to the Dunn com pany at S394,000, and that the com pany executed bond of $9,00o and an nounced it's willingness to do the work.
 Other Contracts
 Other contracts awarded the Dunn company, according to the papers, were. the Bessemer connection, $llS,- 900: the Jasper highway, $f92, ,O0o; the Woodlawn to Irondale road s123, 900. 1t is further stated that delays re- suited because of the failure to sell the bonds and that December. 1920, the board of revenue annulled all out standing contracts except the North Bessemer road.
 A resolution was adopted by the board of revenue on September 27. 1921, it ia stated. annulling that DOT tion of the December, 1920, resolution relative to the North Bessemer road. Then the Dunn company, according to their answer. agreed to release the county from all contracts if the North Bessemer contract continued.
 Later the question was placed in the hands of the court when MT White brought injunction proceed ings to prevent the work. MT. White, who says he sought the injunction as taxpayer, claims that the contract was cancelled by an action of the board of revenue in December, 1920, when "all outstanding contracts not completed or signed" were annulled.