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

mately the same on each route. That
the assessed value OF. the property to
be traversed by the GAINESVILLE detour
Is to-wit, $3.50, 600, and of the: property
to be traversed by the most direct and
feasible route, including the, property
of any public utilities located ON said
route, is tO-wit, 81 ,1OO, 600: that mate
rial suitable for. road building is
located in abundance all along and in
close proximity to the most, direct and
feasible route, while there IS no maze
rial for road building located along the
GAINESVILLE detour or near said detour,
except at one place near Gainesville;
and as illustrating the inaireetness and
sinappropriateness of the Gainsyilie de-
tour, the complainants hereto attach,
and mark as exhibit A, and make the
same a part of this bill as IL fully
set out herein; map showing the pro-
posed location of the GAINESVILLE de-
tour and the location of the TOWNS
mentioned herein, which map complain
ant aver on information and Belief, Ii
true and correct.
COmpainants further ever that in sec
ton 81 of the Act purportine. to have
been approved ON September q 1928,
above referre- to, tits provided as fol-
lows:
From and after the passage Of this
act no contract or agreement for the,
location or construction of any road or
highway in this state, shall be made,
unless such road or highway shall tend
to connect the various county seats
of the state by the most direct route
as provided for In the act approved
September 80, 1919, and also an act
approved October %, 1921. Provided
this act shall not interfere with any
road work contracted for before the
passage of this act"
And c0mplainants aver that the con-
tract or agreement that the respond
Eents, acting as the state commission
of Alabama propose to enter into for
the construction of said Green county
project No. S-4 does not tend TO con-
meet the county seats above mentioned
by the most direct route as provided
for in the acts referred to in said Sec
ton.
Personal Interest = 5,
Compliments further aver that in
section liz of the act puRporting to
have been approved September "a,
1923. it is specifically provided that:
mo member Of the state highway
commission. the state highway. engi-
neer, or any other person in the en-
ploy- Of the state highway department
shall be, either directly or Indirectly
interested in any contract or agreement
for the construction or maintenance Of
any road or bridge in this state.st p.
And compliments further SAP that
what purports to be the action of the
state highway commission in making
preparations for the construction, or let
ting of contracts for the construction
of said Greene county project No. 81
is in truth and in fact, the action of
the respondent John Rogers and the re-
spOndent j. +. Suttle that the respond
emit ]. H. Scruggs did not favor the
construction of said route and voted
against the construction, or letting OF
a contract for the construction Of the
said Gainesville detour; that4eomplain-
ants are informed and believerand on
such information and belief aver that
the respondent John Rogers and the
respondent J. +. Suite are each; either
directly or indirectly, interested In the
contract for the construction of said
Gainesville detOur in this: That the said
John Rogers resides in or near Gaines
vile, Ala, and owns q large tract
of land, towit, eight thousand acres in
| NAOoC RAVAAAkAAty ~ UuAuCotAA1Cg Alds
that the immediate and inevitable effect
of the construction of this road will be
to materially enhance. the value of his
said land; that there also has been APP
proved by the commissioners of agri-
culture of the United States, rs q ten
tatiSe federal aid project 'as.lpr0vided
for in section 6 of the federal highway
act, a route known as federal aid route
No, 10. which Tr0videz f0r n r,aad from
Reform, Pickens county, Alabama, by
way OF CarrOlltOn to a point on the fed
eral aid road between Eutaw and Liv-
ingstOn-: that the federal aid road be-
tween Eutaw and Livingston referred
to in federal route Nc. 10 above is
known as federal route No. 16s the con-
trolling point of which, as approved by
the commissioner sof agriculture of the
United States. is from Birmingham, by
way of Bessemer. Tuscaloosa and Eu-
taw to Livingston, Ala. And com