The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-03-30
Issue Injunction To Stop
Gainesville Road ,Detour
Green County Citizens Get Temporary WI
@ Against Rogers And Suite I =

q rfEtnft8N401 WON FnHe Vuet
what is claimed to be. one of the strong
ever put before an Alabama court The
the state, the commission Is required to
select the most direct or most. feasible
route, having due regard to the public
welfare, in selecting route for q state
trunk road, and that the majority of the
Commissioner Scruggs, selected neither
route, and that ii wholly disregarded
Gainesville -defour, thus running counter
to the law and constitution in, three
places. ~
Shows. Direct Interest
The next proposition is that if the
highway law il valid, it forbids any
members Of the commission being '.in-
directly or directly interested" in any
state trunk road, and the bill sets up
charges showing that Commissioner
Rogers is directly, interested by reason
greatly enhanced in value by the
sioner Subtle is, interested indirectly, in
hdt ~ - CHdEScu, tudt W SuppUftluS
the Gainesville detour he is enabled to
get q similar detofr by his large per
sonal holdings in Dallas county II
this theory is upheld, the contention. is
that Messrs, Rogers and .Sutfle are dis
qualified under the law from .partici-
pating in this project and that there is
no legal authority. for the highway
board letting a contract for this project.
The last proposition is that the legal
effect of the, good roads amendment
to the constitution was that the money
should only be spent on approved fed.
eral aid routes, that is, routes that
would meet with the approval Of the
federal government. The bill shows that
the Gainesville detour was not approved
by the federal government. and thal
Mesrs. Rogers and Suttle are under.
taking to build it entirely with state
funds, which enables them to avoid
obtaining the approval Of the federal
government, 1t is claimed in the bill
that this violates the legal effect of the
good roads amendment to the consti-
tuition and is a reputation of the prom.
ises made the people in order to GET
the amendment. adopted.
The temporary injunction was grant.
| ed by Judge Snyder upon the com.
plainants. filing satisfactory bond which
viii be done: The writ is returnablf
to the circuit court in Montgomery
1t was applied for In Birmingham az
under the, law application may be made
to any circuit judge in the state and
application here would obviate an ex.
ira trip to Montgomery.
Act Unconstitutional
ArnnnH Fka Gallant g $780, A..
| petition are. the following:
"Complainants further aver that they
are advised, informed and believe, and
on such advice, information and be.
lief,i charge and state, that the act
approved September "a, 1928, above
referred to-. is unconstitutional, null
and void and of no effect for the fol.
lowing reasons, that is to say:
| (al Said act violates section 45 Of
the constitution of Alabama, in that
| 1t contains a, subject, viz: The subjeci
OF creating a state highway commits
sion, composed of three members, which
said subject is not clearly expressed
in the title of the, act.
"cb( The. act approved Octnber 81
1871 above referred, to, which the acI
approved September "a 1923, purportl
to amend, is Unconstitutional null and
void, and of no effect, BECAUSE said
act approved October 81, 1921 4 con
tains al subject, to-wit: The subject
OF creating a state highway commits
sion, composed of the senior profes
sor engineer, in the Alabama Polytech
mic institute and the state geoIogisi
and ten other members to be appoint
ed by the Governor, which subject
lis not. clearly expressed in the titlS
OF the ;act as required by section A
OF the constitution, and tie act ap
proved Ocotber~ 81, 1921, being invalid
null and void and of no effect, thu
act purporting to have been approved
September "a; 1923, to amend said acI
approved October 81, 1921, is likewise
null and, void because the latter act
merely purportss to be an amendment
of the former act and an invalid act
cannot be amended.
(c) The said act of 1923 Attempts Il
create a state highway department ana
there thengwas such a department nj
ready 'created and functioning.
(d) The, act Of 1921 was entitled
''An act tosproviie further for the con
str1ction, repair and maintenance o.
the public roads, bridges and high
ways in this state" and undeR til,
same, as under previously existing laws
the highway commission Of Alabams
was composed of a dozen or more off
Gals. But the 1923 act, whose It'll,
is IAN act to amend an &C. approved
October 81, 1921, entitled AN act tt
provide further for the construction
repair and maintenance of the publ.
roads, bridgeS and highways of thil