Judge Calvert Issues Restraining Order Against County Road Board, Sept. 29, 1924

Restraining Order Against Road Board Has Been Made. . . Judge Sinclair Grants Temporary Injunction Against County Road Board—Must Not Bid on Construction Work on State Highway No 70—County Roads in Bad Condition and Need Attention of County Chain Gang—Board Has Made $4,000 Profit on Contract Work. . . Alleged That Tax Payers’ Money Would Pay Forfeit

As the result of a temporary injunction signed by Judge N.A. Sinclair of Fayetteville Friday, the Robeson County Road board is restrained from bidding on or entering into a contract with the State Highway commission for the construction of road on route 70 between Rowland and where route 70 intersects route 20 near the town of Lumberton.

The plaintiffs in the cause are C.A. Cox, G.T. Cox and T.O. Britt “In behalf of themselves, and such other taxpayers who may come in and make themselves parties herein.”

The order requires that the defendant appear before Judge Thomas H. Calvert in the court house at Lumberton Thursday and show cause why the injunction shall not be continued until a final hearing.

Allegations of Plaintiff

It is alleged by the plaintiffs that it is unlawful for the board to contract work with the State Highway commission; that the roads of the county are in bad condition and need the attention of the chain gang; that the road board has failed to keep the roads of the county in good condition; that the board has ordered Supt. J.I. Townsend to prepare a bid for the construction of the road on route 70; that if the board is given the contract of constructing the road it will be required to finish the road within a stated number of working days, and that said contract, on that account, will provide for a forfeit in the sum of not less than $25 per day, and that forfeiture, if made would have to be paid out of the taxpayers’ money of Robeson county.

It is also required in the order in case the board has already submitted a bid, it must be withdrawn immediately, and that the board begin the use of the convict force in the construction, maintenance and repair of the county roads of Robeson county and continue the use of said force in such capacity.

A contract recently was made by the road board for the construction of a dam across Big Swamp by the chain gang. The work was done, and according to H.E. Stacy, attorney for the board, approximately $4,000 was realized as profit by the board after the expenses of operating the chain gang had been deducted.

Messrs. Junius J. Goodwin and T.A. McNeill represent the plaintiffs in the matter, while Mr. Stacy will represent the board.

From The Robesonian, Lumberton, N.C., Monday, September 29, 1924

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