The Birmingham age-herald., 1921-02-25
ROAD BOND CASE LOSES IN FINAL
 CHANCE IN COURT
Supreme Court Refuses Re- hearing and $25, ,000, ,000 Amendment Becomes
 Dead Chapter
Fly FRED H. GORMLEY Montgomery, Bureau. The Age Herald 221-2 First National Bank Building

s2I-2 First National Bank Building Montgomery, February 24.-(Spe-
 cial.) -Alabama's $25 GOO ,000 bond is-
 sue for road improvement work has become dead letter on the statute
 books of, the state and will never be written into the organic law without
 another submission by the legisla- ture and another ratification by the voters,
 Iii an opinion prepared by Asso- ciate Justice Thomas c. Mcclellan, an opinion which was severely critical if not condemnatory of persons who had referred to the original decision , as an action of the court on tech Inicality, the majority of the supreme court Thursday denied the states ap- , plication for rehearing. Thus the last
 hope of reversal disappeared.
 Not a member of the supreme court changed his original opinion. Justice McClellan's opinion on rehearing was concurred in by Chief Justice John c. Anderson and Associate Justices A. D. Sayre and B. M. Miller Associate Jus tices Ormond Somerville. Lucien D. Gardner and William H. Thomas dis sented.
 WHAT IT MEANS
 The decision means one of three things. an extra session of the legis- lature, long delay in road construc- tion work, or the loss of federal funds totaling no wabout s4.O90, ,000. which is
 set apart in the federal treasury for road work in Alabama as soon as the state is able to match them dollar for dollar and cent for cent.
 Governor Kilby declined to discuss the latest action of the supreme court other than to express his disappoint-
 ment He would not say there will be or will not be an extra session of the He doesn't want another session, but he will give thorough con- sideration to the problem as we'll as the probable loss to the state if there is no session before he decides defi- nitely that the lawmakers will not be assembled again. Governor Kilby will consult persons who have been inter- tested in road work in the state, persons who have opinions as to the probable faction of the voters on another amend ment. and members of the legislature. GOVERNOR WAITING Many resolutions urging the governor to assemble the law-makers again have been received since the supreme court rendered its first decision. Not a pro- test against the meeting has arrived. However, the governor must be con- vinced that there is a real sentiment among a great majority of the voters in favor of the bond issue before he issues the call. He has informed per-
 sons who have discussed the matter with him that he does not desire to put
 upon the state treasury the expense of ian extra session until assured that the xr-f1l ho bx-f f1,a mission of the amendment.
 It would be no surprise if the gover-
 nor should not ask for the expression >of the people through some means to be determined by the Alabama Highway 1 Improvement association, courts of county commissions and persons who de sire to see that Alabama's road con struction programme is started without great delay.
 If Alabama does not adopt the bond issue amendment after submission at an extra session there can be no relief un- ltil 1923 Governor sSilby stated definitely today that there is no means under the 1 shining sun for this state 10 match tn 5 federal appropriation except through q bond issue The budget of state revenue lsnd outeo has been figured so t6e states obligations may be met and the floating isieht Accumulated through several years may be paid but this budget does not icontemplatc a great surplus. certainly not a surplus of sa.0o0o)o, flie amount whdh must be obtained f the state is Ito receive the money actually set apart | for Alabama s-, .',s s~io-I' ~oyenment. | NO CHANGES
 l Tn it's opinion en re;iscr,ay the su- preme court held to its original declara- | ton that the legislature attempted to I delegate to the governor q duty which was made mandatory upon it by the con- stituticn when 1t provided that the date ] of the special election on the bond is- l sue should be set hv the sovernor. It | recited the history nf section 2S4 of the constitution which said all amendments should be voted upon on dates to be appointed hy the legislature. If called .attention to the political fight between Gov. Joseph F. Johnston and others in 1 the late nineties when Governor John ston called an extra session of the les. 'islature, which repealed the act calling
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