The Birmingham age-herald., 1924-06-01
CHARGE ROGERS
 UTILIEOFFIG FOR OWN MEANS
Appellants Claim Person al Gain Prompts Chang
 ing Of Road Route

Charging that Chairman John \ Rogers of the state highway eOmmis. sien, owning 5000 acreS Of land that will be materially enhanced i'm value, IS using his official position T@ bring about change i'm the rWwtIng of the new highway by way of Gainesville and Clinton rather tham EpPS and BNliSee Horace C. Wilkinson smd W. E. HarTI son. attorneys for the appellants Saturn day filed with the Alsbalz supreme court their brief am uhe ease of Henry IT. Bouchelle verSRs the state highway commission
 If Mir. John A Rogers &6d mot live at Gainesville rhIs rWad w@uld never have been routed rhAu way,- the state ment said Its l0carlmm nm the way proposed will triP1e amd Perhaps quad- ruple the value of hlS lam6 nm that vicinity
 Says Rogers Was RepresenfztiVe
 The 1915 legislature did designate the road by Gain+svlHIe- Ut eWmtInued but Mir John A Rogers was member of that legislature amd represented Sum- ter and Pickens counties 1m the senare. The bill as originally imHrcdmcetd by Mir M T. Summer sy,et1fled uhnr uhe rUad should go by B0ligee Um1er 1he ruIs of senatorial courtesy 1hBs heimg q local matter Mr. Rogers had Mr. Summer strike out Boligee Rmd lmxeru Gainesville. Being a local matter- it passed as Mir. Rogers wanted lt paSsed- Smd when counsel say that 1he legislature deslS- mated the road ln 1rwth amd nm fact. they mean that Sucih designation was nothing more nor Ness 1hsm Mir Rogers, speaking and ac1lmg im a @lffeTe1T ea- lraeity- When the Beglslaumre rhrWugh Mir. Rogers, r0uted uhlS T,cad by Gaines willie, the constiturl@m of 7he state did not require the r@ad u0 GO by uhe mOst direct or the most feaSlhBe rwwue- The legislature had the power H@ designate it by way of Huntsville L@aehapoka, Notasulga and Opp If it so 5esired-T
 The attorneys called attemt6Nn Tn their brief t0 uhe fact rhau 4 det0ur was approved inn Perry cowmuF requir- ing that the river be eroSs'ed twlr~ with [. o bridges i'm order to -0 by 1&e Hand Sf Commissioner Sur1Re- Hmd that 'CommisS5oner Sm1ule supP'OrrS ChHIE- 1aan Rogers 0G the Gainesville der1Wr- 90 that by a wpte 0f rw@ to Gme the constitution of the state RS @verT69den- and more than S400I I0NO @f the people s Rloney is to be expended Wm q road that ts seven miles longer tham mecessarE- which could be constructed for $100- GOO less money: which has beem condemned by two federal engineers and which Has no earthly excnse for exiz1Ence, ex- aept the single fact that the chairman of the state highway commission lives St the western terminus Gainesville" l"
 TwO Requisites Namnd
 Before the highway commission has any. authority to a0Gare- construct or maintain a road under articles 20 of the constitution thar road muSt com nect two or more county seats by the Rlost direct or most feasible Twwte by Q permanent road. aec0rdIng to the P0- 0itiOn taken by the atrOrMeyx- and Such . road must have been dune to the pub- lic welfare, or must c@mmecT 8 county seat of the border county at or menr the gtate hne with a PublRe road i'm border Rtate.
 -'If the road does mot Eam umder one of these two beads-- 1t continues -rhe highway commission has mO power to Ppend any part of the $2S 0ON- -@00 bond issue on ii, because it IS 0mBy on that kind of a road that Such mooney Is all lowed to be expended by that body"
 AtutullOl NAs AEs0 eAAlr0 nm uMe pf1eI to the alleged dfsaPPrVyal by the Ala hama constitution amd SeweraE state laws of tine expenditure of amy part of -fhe S25l l0y0, GOO bond isswe O@ amy pr@5- Rct that has mot hDeem 0fflciaITy ap- proved by the United States SOveFm- 1nent-
 The supreme courts Ewl1mg Om the appeal from the tlrruit e0wFd Is ex- rected to be announced wIthim uAe next few days.