The Birmingham age-herald., 1921-02-05
S25,0OO,OOO ROAD CASE IS DEPENDING
 ON CIRCUIT COURT
Speed With Rehearing May Be Obtained Rests With Dis posal of demanded Bill.
 Governor Silent

Montgomery February 4.-(Special)- )- Just how soon the Alabama state high way commission will file application for rehearing of the appealed case, decision of which on Thursday last declared in- valid the $25,00O.0O0 bond issue amend ment, depends altogether upon the celer- ity with which the Montgomery county circuit court in equity dsposes of the remanded bill.
 In announcing its decision the supreme court reversed the judgment of the lower court which upheld the constitutionality of the bond issue amendment. and re- manded the cause for a new hearing 1t is presumed that in the light of the supreme courts decision, the original bill will now be dismissed by the lower court, so that application for rehearing may be filed in Alabama's highest court by the state highway commission.
 OTHER AMENDMENTS
 Just what effect, if any, the supreme courts decision which Thursday de- dared invalid the Alabama $25 900, ,0O0 good roads bond issue amendment will have on the soldiers and sailors poll tax exemption amendment was a topic of interested discussion throughout Montgomery today
 It was pointed out that the date for the holding of this election was set by the governor and that the amendment itself would, therefore, logically come within the meaning of the supreme courts decision. The supreme court, it is true, has already passed upon the poll tax exemption amendment, but the ef- feet of their ruling in this instance was merely to rule that instead of the pro- visions of the amendment exempting ex- service men from payment of poll tax for the time they were actually in serv- ice this exemption should properly pc extended to 1923.
 The supreme court has never passed upon the constitutionality of this amend- ment, which, 1t Is understood Is the only other amendment that could possibly be affected by the courts decision an nounced Thursday. One of the principal matters of concern connected with the invaiidating of the good roads bond ls- sue amendment IS the fact that &,0oo,- GOO in government aid for the construe- tion of highways in Alabama will not now be available,
 KILBY IS SILENT
 w. S. Keller, state highway engineer, has already announced that he will file application for rehearing in the bond is- sue appeal immediately, Whether the original bill which was remanded to the B1GuiE0IueGy COhuty ChSotN SOehN --' equity, will be accorded a new hearing, or whether such action by the lower court will be urged, is not now known. It is thought probable, however, that the lower court may dismiss the bill inas- much as the states highest court has de- clared the road bond issue amendment void.
 Pending the supreme courts ruling on arplication for rehearing in the road bond amendment appeal, it is understood that the special election to be held Feb ruary 8, the proposed amendments to the amendment providing for the sale or s, 900 of the $25,0Oo,ooo issue of good roads bonds at per cent. will be voted on in regular order:
 There is no occasion for canceiing the eIection. inasnuch as there is another amendment, that providing additional qualifications for electors, to be voted on the same day. Governor Kfby stated Thursday evening he had no statement to make as yet in connection with the bond issue decision: