The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-03-30


tenure Of office Of all of its officials
and create ~ a substitute therefor a
new and different state highway de-
partment and a new and different COM
mission of only three persons, and q
further provision was made to abolish
that which had gone before, instead of
adding unto the then existing depart
ment and commission.
h (e) Under the guise of providing
further, the legislature undertook to
abolish that which had already been
provided and make substitution there
Of, instead Of, as they. might only con-
stitutionaIly do, merely adding thereto.
Abuse OF Authority
Complainants further aver that, in
the event it is. determined By. the court
that they are mistaken in their conten-
ton that the act purporting to have
been approved on the oath day of Sep
tember, 1923, above referred to, is I'M
constitutional, null and void. and it is
determined that said act is a valid
enactment, then and in such event, the
complainant respectfully shows unto
the court that the aforesaid act of the
highway commission in advertising for
bids and making preparations to con-
struct or Let a. contract for the con-
struction of the said Green county
project No. 81 by way of Clinton, Mt.
Hebron and GAINESVILLE is ultra wires,
null and void and amounts to a gross
abuse of the authority and discretion
voted in said commission. by said act in
this: -.
Article % of the constitution of Ala.
bama specifically provides rs follows
The state highway commission Oh
highway department shall locate, con-
struct, and maintain highways and state
trunk. roads % as to connect each
county seat with the county seat OF
the adjacent county by the most direct
or most feasible route by n permanent
road, having due regard to the public
welfare and to connect the county. seats
of the several border counties at OIL
near the state sline with public road
in the border states"
Complainants further aver that SaiG
Greene county project Mo- 81, by WAY
Of Clinton, Mount Hebron and Gaines
vile, above referred to, which for con
venience will be hereinafter referred t.
as the Gainesville detour" is a STATE
trunk road and is not the most direct
route between Eutaw and Liyington
that said Gainesville detour is not ths
most feasible route between Eutaw ana
Livingston, having due regard to the
public welfare; that the primary OBJ
ject of the project is to provide a di
rect line for through traffic between
Birmingham, Ala, and points NORTH
and east of said point, and Meridian
Miss, and points south and west of SAID
point, and that the through traffic be
tween those two points to be aecommo
dated by said project is now fairly
heavy and viii increase when the road
is completed from time to time: thai
the secondary object Of the project il
to connect Eutaw, the county seat Of
Greene county, with Livingston, ths
county seat of Sumter county, Alabama
and that the third object OF the prof
ect is to serve the territory to be ira
versed by the connecting road and thu
territory adjacent thereto between SAID
points, to the best advantage.
violates Provisions
Complainants further aver that they
are adYised, informed and believe, anS
on such advice, information and belief
charge and state the facts 10 be, tha
the decision of the state highway com
mission to connect the two county seat.
aforesaid by means of the. Gainesville de
tour and the aforesaid preparations b.
that body to that end, are ViOlative o.
the Aforesaid provision of the cOnstitn
ton of Alabama, in this:
The distance from Livingston to Eu
taw by way of the Gainesville detOur, is
to wit: IS miles, while the distance be
tween the said two points by way o.
Epes and BOligee, which petitioner
aver is the most direct and feasible
route between said points, Is to wit
81 miles; that the maximum haul foI
material for the construction and main
tenance Of said project of the Gaines
vile detOur, is to wit: eight miles
while. the maximum haul on the mos
direct and feasible route, Is to wit: two
miles, that Gainesville, with a pOpula
ton of to wit 200 white people, is thG
only town on the Gainesville detOur
that the towns of Epes, with a pOpula
ton of to wit: 400; Boligee with {
population of to wit: $50: HairstOI
with population of to wit {: 300, max
ing total of TO wit : 1850, all lOcatet
ON the most direct and feasible route
that more than so per cent of the bust
ness transacted in Greene county il
transacted in the towns located on th'
most direct and feasible route by wal
of Boligee and Epes, while very LITTLE
and practically an Insignificant amOun
of business is transacted in the twS
villages located on or near the Gaines
vile detour; that the local traffic be
tween Eutaw and Gainesville is verI
light, while the traffic between the Othel
towns above named ON the most direc
and feasible route, and Eutaw, is yer!
much heavier than the traffic on thu
Gainesville detour; that the agricul
turaI value Of the country traversed b.
the Gainesville detour is considerably be
| low that of the most direct ard feast
BILE route that the tseo villages SON thu
Gainesville deGenf Mount Hebron
and Clint6 have d .bac kwarsl trend II
that aid noanmhnisiee having a pOpula
ton Of 10 wit : 80 and 200; respectively
have steadily lost population and bust
ness enterprises for ID Wit : the las
five years, while the towns above names
along the NEST direct and feasible rOutl
have steadily increased in population
and business enterprises during sais
period Of time. xnat this particular
lptecc oL rUAQ RIUpVez0 W Oc SSASeA uSAeO
| is the most important to through traf
fic, as it win be on a direct route o
travel from BIRMINGHAM and northern
points to New Orleans, and if the Gaines
vile detour is constructed each through
traveller using this route must of neees
sity travel seven miles further each wal
by the Gainesville detour than a trav
eler would have to travel by the mos
direct and feasible route; that in al
probability, at least 20 automobiles vii
pass over this route daily in through
travel and the expense of operating thu
same is to wit: s cents per mile, which
means that a tax of TO wit: So, is un
necessarily and improperly placed daily
upon the travelling public that mus
use and will use the stretch of road be
tween Livingston and Eutaw; that thu
cost of constructing and maintaining