The Birmingham age-herald., 1923-11-02
Federal Representative Will Continue Construction Under Modified Contract As Com
 mission Accepts His Plan CONTROVERSY AROSE ON COMPLAINT OF SCRUGGS State Official Is Responsible For Holding Up Pay Due On
 Work Already Done When He Found Contract Was Evaded
STATE CAPITAL BUREAU l
 THE AGE-HERALD ! Montgomery, Ala, Nov, i

The state highway commission Thursday was relieved of responsibil- ity of durability of the million, dollar paved road project in Shelby county, being constructed by the state under the federal aid appropriation act, by H. c. Wells of the United States bu- reau of public roads. Wells relieved the state of responsibility of dura- bility of the road, construction of which will continue under 6 modified contract
 Simultaneously with action of En- gineer Wells in relieving the commits sion from responsibility for durability of the paved road the commission en- tered into the new modified contract with the w. T. Taylor Construction company of Wilsonville, Ala. holders of the contract for construction of the paving project.\ Under that contract, Taylor was authorized to proceed with construction of the roads, using 'spalls," q stone material not burned in lime kilns, instead of crushed stone for the roads base. MT. Wells es- timated under the modified contract the federal and state governments
  ator John A. Rogers estimated the saving at over $1000o."
 scruggs starts Probe.
 The controversy. which was abated sssth signing of the modified contract lJaursday, originated from tour Of Inspection over the new propect re- gently by J. H. Scruggs, commissioner of construction of the state highway department. Mr. Scruggs ascertained from his tour that spalls were being used for the road base instead of ma terial specified in the original con tract and immediately notified the Taylor Construction company no fur ther estimates would be paid on the project while use of the spalls was continued and those which had been laid were replaced.
 Taylor stated the spalls were In use under approval of w. 5. Keller, state highway engineer; Col. w. A. McCalla, assistant state highway engineer. and Engineer Wells of the federal bureau. Upon notification of refusal of Com missioner Scruggs to pay the esti- mates, tho construction company re- quested conference, which was held Thursday afternoon. The modified contract resulting which authorized use of the spalls.
 13oard Approval Necessary.
 Chairman Rogers stated In future all modified tions of contracts must be Anade with approval of the state high way commission, no inferior grades of material to be used l many con- Atruction projects.
 Chairman Rogers exonerated Keller, lMcCalla, Wells and all other engi- nesrs from suspicion of disreputa bic acts in connection with use of the in bferior materials, inasmuch as the practice was 8 precedent set by for .mer commissions. The practice. how lever, must be dispensed with in fu- aure, Chairman Rogers asserted.
 Commiesioner Scruggs was con .gratulated by his colleagues for his effort to have the contract corrected and the road built under Specifications of the commission. Under the modi- fled contract. work on the project, which was halted several days ago, will proceed at once.