Appeal
from chancery court, Cullman county; William H. Simpson
Chancellor.
Bill by
A. B. Hays, as judge of probate of Cullman county, P. H
Kinney, S. M. Rudder, and other resident citizens and
taxpayers of said county, against Alvin Alrichs, W. A
Schlosser, C. B. Wilhite, P. W. Wiley, and T. J. Tingle, for
injunction. From a decree for defendants, complainants
appeal. Affirmed.
The
bill, as originally filed, was in words and figures as
follows: "First. That heretofore, to wit, on or before
the 13th day of November, 1896, the respondents, except Alvin
Alrichs, undertook to make a contract with the said Alvin
Alrichs for the erection of a vault in one of the rooms of
the courthouse of Cullman county, Alabama, at the price of
$2,200,-the county to build, in addition, the foundation to
said vault; and complainants allege that said contract, as
they are informed and believe, is void, and that said persons
had no authority, in law or fact, to make said contract. And
complainants further allege, upon information and belief
that said contract was made outside of any regular term of
court, and not during the action of said court as a
commissioners' court of Cullman county, in session, and
without authority of law. Complainants attach hereto, as a
part of this bill, which is hereby referred to and made a
part of this bill of complaint, Exhibits A and B, which show
the orders of said court, purporting to act as commissioners
of Cullman county, except the specifications of said vault
which said specifications are not signed by any one, and do
not show any contract between the commissioners' court of
Cullman county and said Alvin Alrichs. Second. Complainants
further allege that Exhibit B, hereto attached, purports to
set out a contract made between the commissioners' court
of Cullman county, Alabama, and said Alrichs, for the
erection of said vault according to plans and specifications
recorded at said special term of said court on the 1st day of
December, 1896; and complainants allege that said persons, as
members of the commissioners' court of Cullman county
Alabama, had no authority of law to make said contract at
said time and place, as said special term of court was not
held according to law,-no notice having been given for ten
days as required by law, and no reason existing for the
calling of said court, as required by law, and no authority
given to said persons to transact the business attempted to
be transacted by them at said term. Third. Complainants
further allege that said vault proposed to be built will not
be safe or convenient for the keeping of the records of
Cullman county, Alabama, and that said vault, or a much
better vault, can be built for a thousand or fifteen hundred
dollars less than is proposed to be given for the erection of
the same. Fourth. Complainants further allege that by the
erection of said vault according to the plans and
specifications, and as is attempted to be erected, the
courthouse of Cullman county will be weakened, its strength
impaired, and its convenience destroyed, to a very great
extent, and that said building will be weakened to such an
extent that it will be unsafe for occupancy and use for a
courthouse for said county. And complainants further allege
that said attempted contract was made in face of an act of
the legislature requiring all such contracts to be made with
the lowest bidder, after due notice given, in order that
there might be competition between bidders to the benefit of
the county, which said act had been introduced in the
legislature of Alabama before said attempted contracts were
attempted to be made by said commissioners, or persons
attempting to act as commissioners. Fifth. Complainants
further allege, upon information and belief, that said
contract or agreement was made by collusion or agreement
between said Alrichs and his co-respondents, or some of them,
in order to give said Alrichs an undue advantage in the
erection of the vault over any other persons, to the great
damage and injury of the county, and that the appropriation
which will be required to be made in payment of the erection
of said vault, and expenses incident thereto, will be a
misappropriation of the funds of the county, and
unnecessarily increase the burden of taxation to the people
of the county and taxpayers of the county. Sixth.
Complainants further allege that no bond was required from
said Alrichs or other person for the erection of said vault,
and that said proposed contracts are contrary to public
policy and public interest to the county, and to the safety
and convenience of the courthouse of said county, and not to
the interest of the county or the taxpayers thereof. Seventh.
Complainants allege, upon information and belief, that said
purported contracts were made by collusion between said
Alrichs and his co-respondent W. A. Schlosser, who, while
acting or attempting to act in the capacity of a commissioner
of Cullman county, Alabama, was interested in said contract
to such an extent, at least, that he influenced the other
commissioners of said county to make said attempted contract,
against the interests of the county. And complainants further
allege that, judging from the action of the commissioners
herein referred to, they are incompetent, not possessing the
business qualification and discretion necessary to fully
represent the interests of the county in important
transactions involved in the prosperity of the county.
Eighth. Complainants further allege that said W. A.
Schlosser, Alvin Alrichs, their servants, agents, or
employés, are now proceeding to erect said vault, and are
tearing down, defacing, destroying, ruining, and injuring one
of the rooms of said courthouse, and contemplate the
destruction of others; and complainants allege that, under
the proceedings attempted to authorize said destruction, they
are trespassing upon said courthouse building, and the
occupancy of the officers of the county occupying rooms in
said courthouse, to the great damage and injury of said
building and said county. Ninth. Complainants further allege
that the persons hereinbefore named as commissioners of
Cullman county are weak and inexperienced persons, not
familiar with the business or character or cost of vaults,
and that they were imposed upon by false and fraudulent
representations made to them by Alvin Alrichs and W. A.
Schlosser, who is the contractor and carpenter, as to the
character, quality, and cost of the material of said vault,
and that three commissioners, other than said Schlosser,
relied upon him explicitly, and the statements of said
Alrichs as to the cost and character of said vault and the
material thereof. And complainants allege, upon information
and belief, that eight hundred dollars would be a big price
for the erection of said vault, in the event no damage is
done to the courthouse by the erection of the same." The
prayer of the bill was "that a temporary injunction
issue,...
