The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-02-13
EXTRA SESSIONS
CERTAIN IF COURT
FAILS TO REVERSE
If Road Bond Amendment Is
Lost on Rehearing, Govern
or; 1t Is Thought, viii
Remedy Trouble
by FRED II. GORMLEY
Montgomery, Bureau. The Age-Herald
221-2 First National Bank Building


Montgomery, February 12.-(Special) -
An extra session of the Alabama legisla-
ture is almost certainty il the supreme
court does not reverse it's decision of
last week which held the $25.00O,0Oo bond
issue authorized by the voters February
is, 1920, to be invalid because the legis-
lature delegated the duty of setting the
date for the election to Governor Kilby
instead of setting the cate itself in com
pliance with Section 24 of the constitu
ton
Nothing win be done until the supreme
court has passed upon the states appli-
cation for rehearing which will be before
the supreme court not later than next
Wednesday. II the court declines to
consider the case further-and there is
little hope of a reversal--it is expected
the governor will give notice of the time
for the extra session in short time.
Persons who have followed the course
Of cases before the supreme court do nos
think there is more than one chance
In 100 Of reversal.
1t is an unusual thing for the supreme
court to change its decision In this
case unusual attention was given to the
various arguments for and against the
bond issue. All members of the supreme
court heard the oral arguments. After
Thomas in the regular course. Justice
Thomas prepared an opinion which was
rejected by majority of the court In
consultation. Afterward Justice McClel-
Ian prepared opinion for the majority
which was accepted. This furnished two
hearings in consultation
REVERSAL IMPROBABLE
While the amendment authorizing the
bond issue could be saved IL only one
OF the four judges who voted against it,
should reverse himself, few persons be-
lieve a reversal Is likely. Four at
torneys are now preparing the brief
in support of the application and
il will be filed with the application dur
ing the next few days. A ruling is prob
of the application will mean three hear
ings by the supreme court on the issue
Within 80 days, something unheard of in
other cases brought to the states high
est court.
Governor Kilby does not desire an
extra session at this time and has so
informed those who have consulted him,
hut bond issue is the only means under
the sun Of saving to the state more than
$4,000 90 OF federal funds which are now
set apart by the. bureau of public roads
for use in Alabama as soon as the state
matches the amount dollar for doIla-
and cent for cent. The state treasury
cannot 1urnlS0 tnFS $S,WU,uNU ana IL Can-
not be borrowed without a constitu-
tioral amendment
If an extra session of the Legislature
is not held relief cannot come until late
IN 1923, Long before this time the fed
eral government will have taken the
fund set apart to this state and distrib-
uted 1t among the states which are able
to match it and the amount will be lost
to Alabama forever.
W. g. Keller, state highway engineer,
has becn assured by officials of the fed
3eral bureau Of public roads that the fed
eral fund will be held for this state as
long as possible. II has been held for
q long time srready and even officials
* the federal government do not know
how long they may legally hold It. 1t
feared that unless this state matches
fund before tho end of 1921 the
icy must Be appropriated to other
SESSION TO BE SHORT
i n m extra session is held, it is not
believed . long ono will be necessary.
in 70 Ear RS Is known. there is no other
sthe lawmakers. bill may become
law In five Legislative days and as no
long committee hearings will be neces-
sary these five legislative days may be
held on five straight calendar days. This
would finish the work Of the extra ses-
sion in one week.
Four vacancies now exist in the House
OF representatives, but It rs not probabio
that special elections would be held to
fill those positions before the extra ses-
sion. II the session was intended to
take up regular and miscellaneous leg
isiation. Governor Kflby probably would
order special elections. Jackson county
has vacancy because of the death OF
p. II. Whorton. W. f. Dickson of JEFF
ferson resigned to become member of
the jury commission Of jefferson county.
wv. L. Sherrod Of Lauderdale county
was killed by q relative several months
ago J. II. Hardaway Of Montgomery,
resigned to become a member Of the city
commission Of Montgomery. All MEM
hers Of the state senate ut the time OF
the extra session hast September are still
in office.
An election on . constitutional amend
ment cannot be held until the expiration
OF three months from the final adjourn
ment Of tho eession of the legislature
which submitted it. If the special ses-
sion should b held late in March the
election could not be held until the lat
ter part of June. This would give the
highway bond commission only six
months In which TO negotiate the sale
OF the bonds If the federal government
can hold the federal funds only during
this calendar year.
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