The Birmingham age-herald., 1921-02-04
MAJORITY OPINION |NVAL|DATES ROAD BONDS AMENDMENT
Dissenting Justices Assert TechnicaIity Is Minor and Consequences vast-Rul-
 ing Blasts Road Dream

Montgomery, February 3.--(spe-
 cial)--AInbama's S25,OOO,O0O good
 roads bonds issue amendment is
 unconstitutional and void. The
 supreme court of the state has so
 held in decision announced
 Thursday morning.
 This decision was not, however,
 unanimous, the majority opinion,
 written by Justice Thomas c. Me-
 CIeIlnn and concurred in by Chief
 Justice Anderson Rnd Associate
 Justices Sayre and Miller, while
 Associate Justices Somerville and
 Gardner concurred in the dissent
 ing opinion prepared by Justice
 Tb0mns.
 The majority opinion is based al- nose entirely upon the unconstitution- ality of the election call. It is held that the constitution specifically de- clares that elections for amendments must be called and the date fixed by legislative enactment and that the legislature exceeded it's authority in delegating power to Governor Kilby to call the road bond election last Feb rAary.
 In the dissenting opinion, Justice Thomas and his associates hold that 1t was clearly the intent of the legisla- ture to be governed by the constitu- ton, but that, by a peculiar and un-
 
 technical requirement. that it must fix the date of elections was overlooked. The minority opinion holds that in view of the clear intent of the Iegisla- ture to accord itself to the require ments of the constitution that tech- nicality should not govern in matter of vast consequences entailed by in- validating the election at issue.
 OPINION ANNOUNCED
 Reduced to it's final analysis, the Sit nation, according to the majority opin- ion of the supreme court, is that Gov ernor Kilby, by delegated authority from the legislature, issued the call for the special bond election. This was fatal error in that the call should have issued direct from the legislature. which body only, under the constitu- \ ton. has such authority
 Announcement of the majority de-. s'siuh WAS made shortly after l6 eciock Thursday morning in tue su- preme court chamber at the state cap itol. After the court had assem bled and taken their seats on the bench. Justice Mcclellan arose and announce lng the decision of the majority, gave brief resume of the courts con sideratlon of the bond issue amend < ment case, one of the most important that has ever come before the states highest tribunal.
 He stated that after the appeal had been submitted, Justice Thomas had been selected to write the opinion. When this opinion was read in con- ference. it was stated, it was con- cured in by Justices Gardner and Somerville. Chief Justice Anderson: and Associate Justices Sayre Miller and Mcclellan dissented from the opin- ion written by Justice Thomas, how ever, and thereupon Justice Mcclellan was selected to write the opinion of the majority
 PROFOUND SENSATION.
 Announcement of the decision of tbe su- preme court produced a profound sensa- ton in official circles at the capital. Lit tie else was talked of throughout the remainder of the day. It appears to have been the opinion of the layman majority that the supreme court would sustain the validity of the good roads amend- ment
 Although every contention cited in the original bill was considered at length by the court, the decision which held the bond issue amendment invalid was based principally upon the manner in which the amendment was submitted to the qualified voters of the state, or in other words, the action of the legislature in leaving it to the discretion of the gover- TOT to fix date upon which the election for adoption of the proposed amendment would be held.
 In this connection the, supreme court ruled that the legislature omitted. by failing itself to appoint date for the holding of the election, that prerequisite to the valid submission of the amend ment to the electorate of the state, and that the proposed amendment mot hav- ing been constitutiona1ly submitted to an election so appointed. was and is invalid. and never became part of the consti- tuition of Alabama"
 SOME RESULTS
 The results of the opinion of the most far-reaching. probably. in the annals of
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