The Birmingham age-herald., 1924-03-30
STOP ROAD |DETOURS BY INJUNCTION Drastic Action Is Taken
 Against Rogers
 And Suttle ENTIRE HIGHWAY
 ACT IS ATTACKED Greene Citizens Charge COlIusiOn In Gaines
 vile Route PERSONAL INTEREST OPENLY INFERRED l
PERSONAL INTEREST
 OPENLY INFERRED
Jefferson Judge Grants Injunc- ton Which Is Returnable In
 Montgomery County Courts

Upon petition of citizens of Greene and Sumter counties Judge Roger Shy der Saturday granted temporary ins junction restraining the state high, way commission from attempting to open bids for the construction of the Green county detour road which was routed by the commission through Gainesville, the home of John A. Ros- CTS, chairman of the highway commis- sion. The bill was handled by. Judge Horace Wilkinson, counsel for the pe- titioners, and is returnable in Mont gomery.
 The bill promises to be a notable piece of litigation as the constitutions ality of the highway commission act itself is attacked and decision upon the merits of the petition may have far reaching effects.
 It is charged that Commissioners John Rogers and J. F. Suttle virtually in col 1 fusion and over the protest of J. H.. Scruggs, ths third member of the com mission, planned to construct road pre5- ects by which they would be personally benefited and interested, which, 1t is | Gug | but the spirit of the campaign in which the people of the state gave their en- dorsement to the road bond issue. All Prominent Citizens
 The bill is filed by a large number of the most prominent business men and taxpayers in Boligee, Epes and re- lated territory. All are large taxpayerg and practically all are actively engaged | chelle, Mckee G. Bouchell, ". F. Bell, D. K' Trotter, A. B. DeMoyille, D. II. Trice, S. l.. Thetford, N. O. Lyell, w. l.. Harsh, A. J. McAlpine, J. W. Me Alpine, w. D. Johnston, R. W. Mc- Alpine, J. Mckee Gould, D. G. Mays, G, P. Brugh and s. Anderson.
 The bill advances several propo- sitions as to why the building of the Gainesville detour should be enjoined.
 The first is that the highway act of 1923 is unconstitutional because of deceptive title. If this proposition ia sustained, and much confidence is felt that it will be, the present highway commissioners will be dispensed with along with the salaries attached to the office. It will then remain to be deter mined whether the 1919 highway act is valid, as to which counsel claims there are grave doubts. A special session of the legislature might be necessary to solve the situation if this point in the bill is upheld.
 Contracts Valid
 Contracts already let by the highway commission, it is claimed, would De up- held on the theory that they are de fact0 officers; with the case in court and the public put on notice that the legal ity of their office is being cllallengeds this rule might not apply to futGre transactions.
 The remainder of the bill is based on the theory that the highway act ia a valid law, and that the commissions CTS have power to act, but have grosss ly violated the law under which they hold office. This of course does not aps ply to Commissioner SScruggs, who ie completely exonerated in the bill of any charge of misconduct, but wi had to be made a party to the Q eedings purely for technical reasons. When . board is sued all members of the board have to be made parties regardless ok their individual views.
 The averments of the bill, verified bg the oath of the complainants, makes out Continued On Pase Three Column I've