The Birmingham age-herald., 1924-03-30
INJoINING THE pEToUR

.7. l # -=....t-s--.ss.-.=-s ,44s U x Ea ,-N INJOINING THE DETOUR
 In seeking. an injunction restraining the
 Alabama highway commission from proceed, ing with. the construction of the Gainesville
 detour, the slsstantial citizens of Epes Boil
 gee and related territory are exercising a high function of sovereign citizenship at a
 time when great public good is in question,
 The allegations against the commission, with specific exoneration of Commissioner Scruggs,
 who is admitted to Have sought the widest
 public good in the premises, are of grave and
 weishtyl moment. It is believed by many who
 have given careful thought to the situation
 that, if the ,commissi69 were allowed to go so. counter to the public interest in establish ing one or two unnecessary, and questionable detours, the whole highway program is in jeopardy, and can only be saved by the in. terposition of citizens determined to protect the public welfare. = s..
 Judge Snyder of the Jefferson county cir cult court is deserving of cordial public ap- proyal for his courage and promptness in taking the view that, whatever the merits of the injunction petition, the objections, if true, are sufficiently important to warrant a stay. of further action by the commission until, the facts are properly inquired into. This is the attitude that is the greatest in surance of the fullest protection of the public interest," The matter is. now in such status that the whole subject can be most thoroughly set forth in open court. t~,es '
 In attacking the very constitutionality of the. highway act itself; the petitioners make it clear that they are actuated, not by unfriend- Illness to the construction of highways by the state, but, on the contrary, by the desire that the public highway interests in Alabama may be safeguarded, and brought to the desired fruition. If the highway act is found invalid, there will at least be the opportunity for a general housekeeping and for a new deal in the administrators, of this important trust. If, on the other hand, the constitutionalify of the highway act is upheld by the court, there are still grave allegations, which, if sustained. will tend to have the same result. The people of this state have felt that their highways have not been efficiently planned and constructed, and in taking this extreme action the. citizens of Greene county believe that they are serving a statewide aswell as local purpose. It is hoped, of course, that the act is constitutional, in order that delay in construction may be avoided, but that is now for the courts to settle. <, ..s
 The Newborn detour, while not mentioned in the petition, partakes somewhat of the same objections. The chief difference is that it is on the federal-aid map, while the Gaines vile detonr is only on the state map. It appears that Engineer Wells did not approve of the Gainesville detour, and that originally he did not approve of the Newborn detour, as. shownAby his letter of May 19, 1922 in which he said that the route in Hale county from Faunsdale via Laneville to Greensboro, lis the shortest and most direct, running al- most through the geographical center of the county. It is further believed that this route is preferable to the others considering the proposition from state standpoint and as q proposed link in the inter-county-seat sys- tenn of roads," On December Il, 102Si we find Mir. Wells approving the Newborn de tour. for reasonss not so explicitly given as for the other route. It, is not believed that either the geographical or the. economic sit uation has altered in that interval It IS believed that, even though this detour is on the federal-aid map, it should be subjected to further consideration before the state finally undertakes construction thereon. Per- haps, pending the outcome of the injunction hearing the people of Alabama are justified in hoping that these debatable questions will not be irrevocably committed. '
 The entire state of Alabama is concerned in the safeguarding of the highway program and the highway purpose. The people owe a debt of gratitude and approval to the citizens who have assumed the oRus of the inJnnctlon' The situation is unwelcome. If it cannot De cured except by major operation that re- course should not'be stunned.