The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-04-27
HIGHWAY DETOUR
CONTROVERSY UP
FOR SETTLEMENT
Hearing Opens Monday In
The Circuit Court At
Montgomery
BOLIGEE SEEKS,
PERMANENT WRIT
Judicial Power To Locate
Roads Claimed By
State Board
Estate Capital Burean)

MONTGOMERY, Ala, April 90
Hearing of the case involving the
Gainesville detour," in which a tenn
porary injunction has been granted re-
straining the state highway commission
from detouring a state trunk highway
via the home town of the chairman OF
the commission, is set for hearing Mon
day, April %, in Montgomery circuit
court. The case has attracted wide
spread interest over the state, resulting
from the attempt of the highway body
to route the road connecting Eutaw.
county seat of Greene county. and
Livingston, county seat of Sumter
county, by a location some seven miles
out of the way of ~ direct location.
and which had been twice disapproved
by federal engineers.
Citizens of Greene and Sumter coun-
ties, particularly business men of Boil
gee, on The line of the direct connec-
ton, after protesting to the highway
commission in vain, took the case, to
court. and secured temporary injunc-
ton in Jefferson circuit court against
the detour. Whether this injunction will
be made permanent. or whether the court
will sustain demurrers of the highway
body and dissolve the temporary injunc-
decided at the hearing of the case in
the Montgomery circuit court.
Constitutionality Issue
Constitutionality of the act creating
Athe present state highway commission
lis attacked in the bill of the citizens Of
Boligee and others Of that section, and
it is further alleged that John A.
Rogerc, chains of the highway COM
mission. and j. E. Suttle, associate
commissioner. have acted together to
further their personal interests, in
fayoring the Gainesville detour.
Mr.. Rogers home is at Gainesville,
and according to the reply filed by
his counsel in court here, he has home
and 100 acres of land, which is near
the proposed road" and 1000 or 5000
acres of land five or six miles from
the road. Commissioner Suttle owns
land in Dallas county, by or near
which a road is projected according
to the statement of his lawyers. This
road also, it has been claimed, involves
detour of the Birmingham-Mob high
way. In seeking the injunction against
the Gainesville routing. citizens charged
that in projecting the roads by their
respective homes, the two commission
ers had reached an understanding TO
support each other in furthering their
personal interests.
Boards Argument S
In their reply to the dill seeking in
junction, counsel for the highway COM
mission contended that the location Of
roads is a judicial act. exercise Of
which is vested in the highway body.
and not subject to the control of the
courts. 1t was alleged that the round
about" location via Gainesville. though
not the most direct route, is more
feasible than the direct locati via
Boligee. The recommendation of w.
A. McCalla, assistant state highway
engineer, favoring the Gainesville route.
and the desires of the Greene county
board of revenue. were cited in support of
the Gainesville locatio As for the ac-
ton of federal engineers in twice re-
fusing to approve the detour, it was
claimed that their judgment has no
legal bearing on the acts of the high
way commission. Campaign promises
claimed to have been made prior to
the ratification of the road bond amend
ment, pledginR that the road funds
would be spent under federal super
vision, were pronounced irrelevant by
counsel for the highway body.
j. II. Scruggs, the third member Of
the highway commission. voted against
the Gainesville detour when the mat.
ter was before the commission.
Wilkinson Pushes Case
Citizens, who are fighting the detour,
will be represented at the hearing of
the case by Judge Horace Wilkinson of
Birmingham and by other attorneys, of
Greene county, who have been retained
in the case. The papers filed by coun-
sci for the highway commission in the
case bore the signatures of Attorney
General Harwell G. Davis, Judge j. ].
Mayfield, Il. B. Evins, J. F. AldridEe,
and 4. +. Hildredth.
The reply of counsel for the highway
body included demurrers and answer
to the complaint. motion 10 dissolve
the temporary injunction granted in
Jefferson circuit court, and a motion
to strike a portion of the bill of com.
plaintants, relating to campaign prom
ises as to expenditure of road funds
under federal supervision.