The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-05-11
FIGHT ON DETOUR
WILL CONTINUE
Continued From Page One)

NOOutinucu EEusH ESQ OaeCI
Suttle's home in Dallas county.
Specific allegations of citizens of
Greene county were:
That the most direct and feasible
route for the Livingstone utaw road is
by way of Epes and Boligee.
That the ma jority of the highway
commission favored the requirement
of the constitutional amendment re-
quiring the location of routes by the
most direct or most feasible route.
That the highway commission as or
ganized ut present is illegal because the
constitutional amendment recognized
the commission as it existed at the
time of the ratification of the amend
ment.
That the caption of the highway
commission law enacted last year is
not thorough enough to indicate the
contents Of the law and that the law,
therefore, is viOlative of the cOnstitu-
ton.
That Chairman Rogers and Mr.. SUIT
tie, as a ajority of the commission,
violated that section of the law which
prohibits commissioners or employees
from having any personal interest in
any work under the highway commits
sion in that Chairman Rogers resides
on the Gainesville detour and that
Commissioner Suttle joined with Chair
man Rogers in sending the route by way
of Gainesville with the understanding
that Chairman Rogers will support Mr..
Suttle in the establishment of another
road by Mr.. Suttle's property in Dallas
county.
Judge McCOrd rendered an opinion
in which he ruled against each con-
tention of the petitioners. He held
that the commission has the power to
determine which is the most direct or
feasible route and to use its own judg-
ment in establishing route. He held,
further, that the courts cannot upset
decisions of the commission when
reached unless there be indications of
a palpable disregard Of the interests of
the state.
He held that the majority Of the
commission did not ignore the pro-
vision of the constitution which requires
the location of roads by the most d.
rect or feasible routes and restated his
decision holding that the commission
had authority to determine which is the
most direct or most feasible route.
Judge McCord also ruled that the
commission, In constructing the road
| by way of Gainesville and Clinton, was
putting into effect a decision of a pre-
viOus commission and the legislature.
He pointed out that the legislature of
1915 made the Livingstone Gainesville
Eutaw route a trunk highway, that
the commission which preceded the
present one had established the route
and that the federal government, par
| ticipated in the construction Of, link
between Livingston and Gainesville UNI
der the supervision Of the preceding
commission.
On the contention that the present
highway commission is Illegal, Judge
McCOrd held that the constitutional
amendment providing highway funds
mentioned the highway commission in
cidentally and did not prohibit the leg
islature from. changing the personnel
or themembership of the commission.
highway funds mentioned the highway
commission incidentally and did moi
prohibit the legislature from changing
the personnel or the membership of the
commission.
He also held that the caption of ths
highway act is sufficient to indicate the
contents of the bill an dis not in VIC
latiOn of thessection of the constitution
requiring the setting forth of digest
of bill in the caption.
Judge AIcCord held that Chairman
Rogers and Commissioner Suite have
no personal interest in the location OF
the Gainesville detOur such as thai
contemplated in the inhibition of the
highway law. He said the law did
not refer to the location of highways
and was restricted to the letting of con.
tracts for work under the highway com
mission. He ruled that no contract is
now in existence and that if one wer,
the inhibition against the highway
commissioners would apply to their
participation in the construction Of the
highways.