The Birmingham age-herald., 1923-09-20
CITY WINS BATTLE OVER ROAD UPKEEP r ROM BALL CROWD
State Highways Practically Certain To Remain Under
 Care Of County

Jefferson county's strenuous at- tempt to shift to Birmingham the support of the East and West and the North and South highways in their stretches within the Birming- ham city limits where streets of the municipality link the ends of the two main state highways, failed Wed nesday.
 Reports reaching the city hall We'd nesday announced the advertising of tie proposed change by the senate committee on revision of laws. This. interested Birmingham officials said, kills the proposed change, for it will be too late now for a successful effort to get the matter before the senate over the adverse report of the com mittee.
 The North and South highway within the Birmingham city limits af- fects many blocks of South Twenty first street to pass the court house. which it must do under provisions of the law. The East and West highway comes into the city as First avenue and later changes to Third avenue in order to pass immediately by the court house.
 Provisions of the law require the county to keep these main stase highways in good condition within the county limits regardless of mu- nicipal streets affected In the case of Birmingham much of the paving is paid for by the street railway company and another portion by the city, it was the remaining portions cost the county sought to be released from supporting.
 The matter has been one of virile interest for several months causinR city officials to go to Montgom- cry repeatedly to care for Birming- hams interests When the commit tee adversed the matter Wednesday 1 Commissioner W. T.. Harrison was In Montgomery devoting much of his i interest to the question Attorney Matt Murphy was there represent ing the city's interests and Senator Walter Brewer. with Mir Murphy, spoke before the committee. D. c, Ball, chairman of the board of rev. enue, was present at the hearging to present the county's interests.
 First Big City Victory.
 The action of the committee was the first pig victory won by the city in the number of bills before the leg islature affecting Birmingham, even though minor bills have been hand led faYorably during the preceding weeks.
 Settling the question of the upkeep of the main highways within the city limits gives the city officials a breathing spell in their work of com piling the municipal budget for 1923 1924, and funds that might otherwise been necessary for the maintenance of the hignways will, as usual, go to improvement items to which they have formerly been devoted.
 The action taken by the legislative committee was not entirely unex- pected, officials say, and with this added influence gained by the atti- tude of the legislature the city's fight to recover m $216,000 withheld funds from the fifteen cent road tax appears to the officials nearer real ization. The collection of this fund, though awarded to Birmingham by the supreme court, has been difficult and was &lso before the legislature during it's present session. Now the city is laying plans for direct court action and unless the matter Is sat isfactorily adjusted will entail liti- gation for recovery.
 The suit to recover has been dis cussed only as last resort, but 1t has been under discussion for weeks and has heen publicly mentioned by city officials. What course will be taken, however, has not been an nounced, put direct action is indica- ted within the next few days.