The Birmingham age-herald., 1921-08-21
COY, O'NEAL THINKS.
 K|LBY ERRED IN. HIS RECENT ACTION.
Believes Annual Sessions of Legislature Only Remedy for Expressing Wish
 of the People

| 'he' ooN. EHlmet U Neal De- lieves Governor Kilby made a se- rlous mistake In not calling an extra session of the legislature.
 He believes that since an extra ses- sion is demanded and the governor declines to call it, Alabama's only remedy is to do away with quadren- nial sessions of the legislature and provide in the organic law for more frequent assembling. In a formal statement made on the subject Gov- crnor oNeal says:
 The action of Governor KiIby in refusing to call an extra session Of the legislature emphasis the fact that under the Alabama constitution the people are practically denied the years. However united they may be in their desire to enact legislation to meet great public emergencies, to give expression to their calm and de- liberate judgments on subjects which affect their interests and welfare, or how great may be the financial loss resulting from delay, their sovereign power, through their trusted repre- scntatives, must be made dependent for period of four years on the caprice, the interest, the pleasure or the whim of the governor of the state.
 If ever an extraordinary occasion arose within the meaning of the con- stitution justifying a special session, such an occasion recently occurred whom the supreme court of the state, on account of the failure of the leg islature to comply with certain con- stitutional requirements, felt 1t their duty to nullify the will of the people as expressed at the polls by the adop- ton of the good roads and soldiers amendments.
 Public Sentiment Active
 Public sentiment In favor of these two amendments as well as the pro- posed amendment as to the Port of Mobile, was never more active or united than at the present time, yet, although delay until the regular ses- sion may defeat the purpose sought ot be accomplished, may result in weakening or overcoming the senti- ment now existing for system of better public roads and highways, and may deny the right of at least 20, 900 men who offered their lives on the field of honor to exercise the right of suffrage, from the decision of the governor there can be no ap- peal, and no remedy, except at the next regular session, by offering to amend the constitution and to restore the right to self-government. Even though our substance is consumed by swarms of unnecessary and meddle- s-y ~f . created not for economic but for po- gress and prosperity of the people is checked by unwise and vicious laws. we must continue to suffer and en- durS until the next regular session. Tho action, then, of Governor Kill by Is a complete and crushing ouietua to the contentious of those who claimed that the extra session would always furnish relief from delays, injustice or even the tyranny of tEe quadrehnial system. For self-gov- erning people, the system that now exists is not only intolerable, hut rests solely on the theory of the want of capacity. as well the righ. of the people to govern themselves. We must remember that the interests of the governor and those of the people may conflict, and that when such a conflict does arise, the interests md wishes of the people must yield.
 "who, then, is to control, if the legislation the people demand de- pends on . special session? The aa- swer is simple. By their own hands the people have made the governor the sole arbiter of whether they can legislate for a period of four years, and under these conditions 1t is not the governor, but the people them selves who should be censured. They alone wore the authors of their own undoing They alone voluntarily sur- rendered power which is essential to the maintenance of an Efficient and economical government under our democratic theory.
 The Only Remedy
 "The remedy-the only remedy-is to abandon as speedily as possible the quadriennial system, which we now know was foisted on the people by an unholy combination of special and selfish interests, and whose chief purpose was as far as possible to withhold from the people the right of government. The serious blunder we made in the past, the n, was in undertaking to practically abolish, instead of reforming the only department through which the peo- pie can exercise their sovereign power to govern themselves.
 This right. the capacity of the people to govern themselves, has of the state by the action of Gov ernor Kilby, and 1t 10 An issue which tho most timid and vacillating candi. date for high office will not be able to obviate or ignore.
 If the people are to be trusted. there are but two courses we can pursue. We must advocate the res- toration to the people of the right 10 meet in legislative session often enough and long enough to give ex- prsssion to their calm and deliberate Judgment on all questions affecting their Interests. If we have lost faith in the representative system, then there ia no alternative but to advo. cate direct action by the people In their primary capacity, through the initiative and referendum. The in- troduction, however, of the initiative and referendum would be systch, of law making to which more serious and conclusive objections can bs made than to any other form of lesis- lative action. We must either have \ ieRislaturs or . substitute for it. and As President Wilson has wisely observed: A government must have organs, 1t cannot act independently by mAsseA
 Restore Annual SeAaion
 "It is not representative govern nent which has failed, but the meth odS ana procedure we have adopted to give 1t expression. Our own un- happy experience justifies the state ment that tho legislature should be reor xa nj sAd. And the first step in the procesA of reofe organization should be the removal of all unheeessary re- strietions upon legislative compsten- cy. and An Increase of oil the powers ana rssponstbiiity of that body. We