The Birmingham age-herald., 1924-04-22
CONCRETE ROAD | CONTRACTS LET FOR s553,945.9l Rogers Protest .Overrid- den On Chiffon County
 Highway Stretch HIGHWAY TO LEEDS TO BE RESURFACED Action Outcome Of Recent Protests During Hot I
 Political Rally
tstate Capital Bureau

MONTGOMERY. Ala, April 21.-- Contracts for a plain cement-concrete road in Chiffon county from the Shelby county line to Lomax, some three miles north of Clanton, were awarded today by the state highway commission with Chairman John Rogers voting against the concrete road and the other two members of the commission fayoring it.
 W. 5. Keller, state highway engineer, recommended the acceptance of the bid for concrete making the total cost of the 17.45 miles of road as awarded, $553, ,945.91. The low bid for the con crete road was approximately $3,O0O per mile below similar bids for the various .'black top types of paving.
 The commission awarded the project, which comprises part of the Birming ham, Montgomery highway in three sep arate contracts, this being found neces, sary in order to get the lowest bids. Contracts for grading and for bridges on the highway were let without op- position. but when the paving feature came up, Chairman Rogers voiced op- position to concrete, expressing the be- lief that no concrete road would be satisfactory without a top"
 Rogers Votes "No"
 Commissioner J. H. Scruggs of Bir- mingham moved that the low bid sub mitted by Speed Parker, Inc, of Louis ville, Ky, for concrete paving, be ac- cepted, and his motion carried. Com missioner J. k. Suttle voted with him, while Chairman Rogers voted no" The contract price of the successful bidder for the paving was $412. .532. .35, while the contract for grading went to W. A. Taylor of Sylacauga, Ala, for $119.021.3, and the contract for bridges on the highway to W. T. Weaver of CollinsvilIe, Ala, for $22, ,392.2O. The bid for the paving was awarded on the condition that the contractor furnish the cement. The state had received separate bids for cement. with view of furnishing this material to eontrac- tors if it had been found advisable. H Billboard At Issue
 The, question of aRAether the state .9iieh#dy c0mikiissi0n has authority t0 brotect all bill boards to be placed on right-of-ways oN state highways was brought up at the meeting of the com mission today. It was reported that Gray Henderson, prominent Fillmore county farmer, had torn down bill boards adorning the right-of-way through his land erected by the Ala bama Highways Advertising company of Birmingham, which has a contract for the erection of signs and bill boards on state highways. NJ. s. Whitfield, Montgomery representative of the ad- vertising concern, reported the tearing down of the bill boards and the com mission, on motion of J. F. Suttle, adopted a resolution giving notice to Mir. Henderson to restore the bill boards and not to interfere with the erection of others.
 Court May Decide
 The point was brought out in dis cussion that deeds which transfer to the state the right-of-way for road building stipulates that the land so deeded shall be used exclusively for road purposes. It was stated that Mir. Hen derson took the view that the embel- lishment of highways with bill boards is not to be construed as the purpose for which the right-of-way was fur nished to the state. and that the state exceeds it's authority in allowing such use to be made of rights-of-way.- Chair man Rogers stated that the cOmmis- sion should protect the contract made with the Alabama Highways Advertis- ing company and that the right to make such a contract is for the courts to de- eide, if Mir. Henderson sees fit to take the matter to court.