The Birmingham age-herald., 1920-12-26
ROAD PROGRAMME

cent months which created anything like the interest which has been shown in this case was the test of the income tax sec tions of the general revenue law But not as many persons were affected by the income tax as are affected by this contest. Only those affected by an in- come tax were directly interested, but in this instance all citizens are interested because all use the roads
 in submitting the constitutional amend ment and enacting companion measures, the legislature had in mind the construc- ton of system of trunk highways con- meeting all county seats, The amendment proposed the issuance of highway inn provement bonds in certain denominations each year until a total of $25 coo GOO was Issued, and automob.Sa licenses were pledged as security for the payment of interest and principal when due The highway department had figured that the licenses would be sufficient to pay inter- est and create a sinking fund large enough to retire the bonds as they be- came due
 The voters adopted this amendment by the greatest majority ever given a con- stitutonal amendment More than S5. .NJ0 votes were cast for it and only about l2.ooo against if. Four years before they defeated an amendment which proposed the issuance of $500,000 in bonds for the
 
 POINTS AT ISSUE
 The point at issue now is whether the constitution was complied with in the submission of the amendment. and until the supreme court has rendered its de- cson no bonds can be placed on the mar ket. Several allegations have been made in the case in order that all possible points of dispute may be settled in the one case The first is that the bill sub rf4ff ttr,rr ton for only seven weeks, when the con stitution says an amendment must be ad- vertised eight weeks Governor Kilby ad- vertised the amendment for eight weeks regardless of the provision in the act
 The second allegation is that the con stlfution was not complied with by the amendment of the original act by the governor, and that the governor was not given the power to approve or disapprove the measure. The constitution says a measure, either bill or resolution, sub hitting an amendment shall be read on three separate days in each house. and will be effective to all intents and pur- poses If it receives three-fifths of the total vote of the two houses. After the bill received the three-ffths vote~o of the two houses it went to Governor kilby, who re- turned it with an amendment requiring approval of all accounts by the gover- nor. Both houses concurred in the gov ernor's amendment, which changed the yerbiage of the proposed amendment
 The allegation also is made that the measure Is vague and indefinite In- stances are cited to show that one cannot understand just what the legislature tn- tended to say when it inserted certain sections in the act. Therefore. the peti- tion asked that the amendment be held invalid for vaeueness if the other grounds were not sufficient.
 LAWYERS CONFIDENT
 While the suit is friendly, and is in- tended to establish the validity of the action of the highway commission in of fering the bonds for sale, there will be much uneasness in Alabama until final decision is rendered If the amendment should be held imperative it would mean long delay in the construction of the many road projects outlined by the high way commission 'vN'r Y governor ltnuv should call an extra session of the legis- 1ature immediately after an adverse de- cision it would be necessary to wait three months before submitting the amendment to the voters. Several other months would elapse before the bonds could be prepared and sold.
 Attorneys in Montgomery do not indi- cste any fear that the amendment will be held to be invalid: at the same time all admit there is ground for a construc- ton against the validity of the amend mont and that the right course is being pursued by the state in testing the amendment before the state has gone to great expense in preparing the bonds for the ma ark