The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-03-30

| plainants further aver that. the federal
/ aid route No. 10 above referred to, will
in all probability, be constructed. That
| the route contemplated and designated,
| will traverse the western side of
large part. if not all, of the land owned
by the said John Rogers near. Gaines
vile, and that the said John Rogers be-
lieves, and is acting upon the suppo-
sition, which is correct, that federal
aid project No. 10 will eventually be
constructed, and that if he is able to
| secure the connection of Eutaw and
| Livingston by means of the Gainesville
detour, he will thus be enabled to have
trunk line road touching two sides
OF his property and greatly and ma
terially enhance the value thereof.
Suttle's Interest
That the respondent Suttle is in
directly interested in the construction
of the Gainesville detour to this extent.
He owns large tract Of land in Dali
las county, Alabama. by which it is
proposed to make detour in the Mo-
bile Birmingham highway in many re-
spects similar to the detour attempted
in the Greene county project No. 81
by way of Gainesville, and that the COM
plainants are informed and believe, and
on such information and belief charge
and state the fact to be, that the re-
| spondent Rogers and the respondent
Suite have reached an agreement, exr
press or implied, that they will mutually
support the state highway projects
that VIII touch their respective tracts of
land, and that they, believing and claim.
ing themselves te constitute and COM
pose the. maioritSsof the Etate highway
commission are thus enabled to control
IT'S action and to divert the said high
way from the most direct and feasible
route; and that the respondent Suttle
favored and voted for the preparation
to construct, or letting of a contract
for constructing the Gainesville detour,
as a result of an understanding, express
or implied, with the respondent Rogers
that the respondent Rogers would ia
vor the detour in Dallas county, that
would result in said trunk highway ira
versing large tract of land owned by
the respondent Suttle, or coming in
close proximity thereto, which would
result in a great and material increase
in the value of the land owned by the
respondent SuttleS
Compliments aver further, that the
route between Livingston and EutaW
has been designated and approved by
the commissioner of agriculture of the
United States as a federal aid project
as set out above; that said highway
commission, in order to obtain any fed
eral aid for the construction Of said
project, would have to submit the pro-
posed route to the federal highway
engineer for his approval; that the said
highway commission proposes to con-
struct said road connecting Eutaw and
Livingston wholly with state funds
derived from the proceeds of sale Of
part of the So, 100000 bond issue au-
thorized and provided for in Article %
of the constitution of Alabama; that
by so doing, the respondents, Rogers
and Suttle, acting as the state high
way commission of Alabama, will thus
be enabled to avoid the approval or dis
approval of the route selected by the
federal engineer.
The petition concludes by praying
that the members of the commission be
restrained from opening bids for the
Gainesville, detour, or letting contracts
for its construction, and that upon
| final hearing the temporary injunction
be made permanent. e..