The Birmingham age-herald., 1921-02-18
STATE SEEKING
 NEW HEARING IN ROAD BOND CASE
One Argument Declares That an Amendment Adopted By Voters Ceases to Be Sub-
 iect to Judicial Ruling
Fly FRED H. GORMLEY Montgomery, Bureau, The Age Herald z2l-2 First National Bank Building

ZSI-E t1rBt National naHk DuuuihS
 Montgomery. February 17,-(Spe- leial)-Aprlication of the state high way commission for a rehearing of the ease in which the $25,0o0,0oO bond issue was held unconstitutional was filed with the supreme court Thursday afternoon.
 The highway commissions represen- statives have raised one new argument in support of rehearing and the re- versal of the courts previous decision. The argument is that the amend ment adopted by the voters February 16. 1920, had ceased to be a question for judicial determination.
 Enrther arguments also were made in support of the contention of the | state that the legislature acted in it's law making capacity when it sub mitted the amendment and delegated tfve duty of setting the date for the eleceo-. to the governor and it had 1 ne same right to delegate this right and authority to another responsible governmental agency as it had to del gate other rights such as the right ot freight and passenger rate regulation 4dt the right to regulate the public roads to the court of county commissioners. LEGAL TALENT
 lz Among the attorneys who partici- pated in the preparation of the states draft and whose names appear as rep lresentatives of the highway commis- sioner are Harwell G. Davis. attorney general; Henry P White, special as- sistant attorney general; Judge c. J iMayfield, special counsel; N. D. Den- son, Gregory L. Smith and G. w. L. Smith, amicus curae. In addition Horace Stringfellow filed another brief during the day in support of the ap- plication for rehearng. appearing as attorney for persons who were injured financially by the adverse decision of the court.
 Because of the importance of the case and the desire of all persons te obtain a final decision at the earliest possible moment 1t is expected the supreme court will take up the appli- cation for rehearing at once and a ruling handed down during the next 10 days. While attorneys for the state highway commission hope the addi, tional arguments will be sufficient tc warrant reversal of the courts de cisiOn, they desire to dispose of tn, !>>dSo. SNCH thouEu Ine TuilnS DC against them. as the state must make isome effort to obtain the funds yitf (which to match the federal appropria. tion of about $4.00000o which may bt available to Alabama only during thi. year
 RUMORS DENIED
 Governor Kilby let it be knowI Thursday that there was no authorit, for reports throughout the state tha he had decided to call an extra ses sion of the legislature for the las week in March in the event the SUI -sfrreme court does not change it's de csion. He has told all persons win have mentioned the matter that he cal make no decision until final rulin, of the supreme court, and desirNn c confer with persons who might hay solutions of the problem.
 He told newspaper reporters Thurs day that he had told no one fher would be or would not be an extra ses sion. Also that no decision will b announced until thorough investiga ition had been made.
 T hope here will be no need for al extra session. said the governor '' believe this is shared by a. great ma ior 'ity of the citizens of Alabama, but ther are various things to be considered and I do not care to say what polio will be necessary for the protection O the interests of the state.''
 LONG BRIEF FILED
 in a brief containing 45 typewrftte pages the states attorneys late ftonief urged the supreme court to grant re hearing of the bond issue case an after the rehearing to render a decisio uphciding the amendment. Among tn important assertions made in support r the constitutionality of the act of th legislature in submitting the amendmer and in delegating to the governor til duty of setting the date for the electio, the brief pointed out that Alabama ha always recognized the act of providin for the vote as law-making powe which may be delegated. even thoug the act proposing the amendment be political one which may not be del, gated.
 This brief also pointed out that the, must come time when a constitution al amendment cannot be attacked sut cessfully and asserted that this time ha come in the present case as the stat has fnnctioned under the amendment f. q year and provisions have been mad for the sale of the bonds and for tn road construction work contemplated h the amendment.
 Assertion also is made that the nol reversal of the decision in this case wi itltsNdiiudte lHe dneHument exemptln isrld.ers and sailors from the payment lpoll taxes. although those exempted ha1 already participated in elections an many of those affected by the amen, pnent are holding offices, despite th fact that . person not qualified as voter may not hold an office under tt state government
 Mai. Mat H. Murphy of Birrnini ham. commander of the Alabama q vision of the American Legion. joine in thu brief as the representative those who desire to maintain the validii of the soldiers and sailors poll ta amendment.