The Birmingham age-herald., 1921-01-02
RULING ON ROAD BONDS TEST CASE
 CREATES INTEREST
Friendly Action to Decide Con- stitutionaIity of Amendment Pends In Supreme Court.
 Hearing About Jan. II
By FRED H. GoRmLGy


 Montgomery, January I-(SpeclaLt--l Alabama's supreme court will be called upon about January II to decide whether the constitutional amendment permitting the state to sell highway bonds to tine amount of s25O0O,0O0 was submitted by the legislature and ratified by the voters in the manner prescribed by the consti- tution The states legal department is giving chief attention now to the states defense of the amendment which, if h. legally submitted and ratified will seri- ously interfere with the road building programme and will cause the loss ot huge federal appropriations for road- building. @
 Henry P. White, assistant attorncy general who has given much attention to the study Of laws relating to taxation and to the provisions of the constitution relating to the passage of laws, has been assigned the case by the states attorney general, J. Q. Smith, and is now pre- pairing briefs in support of the const!."- tionality of the amendment.
 ACTION AS A TEST
 Judge F. Lloyd Tate, member Of tHo firm of Steiner, Crum and Veil, is pre pairing the case brought by A. NJ. Roo- luSOI, WHO SeShS >AD lldN e lIlc dHiSHuultht stricken from the constitution if it has not been legally submitted and ratified It must be understood that the suit is a friendly one, and is brought solely for the removal cf any doubt of the validity of the bond issue. Many persons do not understand that the suit was brought as a result of an agreement, and one news paper severely criticized those responsl- ble for the filing of the case, not know ing such action was with the sanction of all state officials.
 Bond attorneys of Boston, who had been asked to give an opinion the validity of the bond issue suggested that decision of the supreme court be ob- tained. They pointed out apparent de- fects which already had been found Dy MT. White. MT. Whites opinion was not given the attorneys, and their opinion was the result of independent investi- gations.
 The state highway commission desires to dispose of portion of the issue as soon as possible but does not desire to sell them if sheN are worthless. If the constitutional amendment was not legal ly submitted or ratified the bonds are worthless.
 RULING IS IN DOUBT
 The case is not a one-sided matter, and attorneys for the state admit that there will be grounds for 8 decision adversely to the. state. They believe they will De able to offer strong arguments and briefs in support of the amendment, but there is no desire on the part of any person connected with the state to make any person believe there is not any doubt Of the result. In fact, it is admitted that as the question is the most serious and in wolves more than any other submitted 10 the supreme court during the present ad- ministration. One of the most serious obstacles re- suits from the action of the legislature in delegating the power of fixing lhs date of the election to the governor The constitution says the legislature shall fix the time for any election on amendments to the constitution. The state is pro- ceeding on the theory that the right to do certain thing conferred on the leg islature carries with it the right to dele gate the power to another official CT branch of the government In the briefs in support of the amendment this argu- ment will be made. M
 WRECK ROAD PLANS
 Alabama's road-building plans would be wrecked should the supreme court in- validate the amendment The bond issue was authorized by an unprecedented ma jority of votes. and as soon as the re- suit became known the state highway commission made preliminary plans for the construction of system of perma- nent roads connecting all county sites District engineers were employed and, with assistants, have been at work in various sections. Plans for road work have been completed, surveys made and all details arranged so work might be started as soon as the bonds were sold :. The state must match the federal ap- propriation' dollar for dollar This can- not be done without the bond issue. Therefore, the invalidation of the amend- n1ent would mean delay until Alabama could do over again the work which had been done illegally. This would mean an extra session of the legislature or delay until the next regular session in 1929. another campaign and another election on the nullification, of the amendment. and then the preliminary work leading to the sale of the bonds