The Birmingham age-herald., 1923-02-18
COURT ID PASS ON STATES POWER R ID
 ISSUE PORT BONDS
If Opinion Is UnfavorabIe, An- other Amendment Is Neces- sary-- Governor Anxious
 to Develop Seaport
STATE CAPITAL BUREAU I
 HIN AGE-HERALD ! MontEomery. Ala. Feb. 1T

Governor Brandon expects to certify to the supreme court dur ing the next few days the Alabama seaport development amendment with the request that the court render to him an advisory opinion regarding the right of the state to issue port improvement bonds to the amount of $10,000,00O as was contemplated when the constitu- tional amendment was submitted to the voters in the November elec- ton.
 The governor indicated today that he will reach this city during next week. The bill of Representa- tive~Ware of Randolph giving the governor the right to request ad- yisory opinions of the supreme court became law last week, but Governor Brandon could not find the time to certify the question to the supreme court because of the many calls for his time this week.
 May submit Briefs
 While the Ware law does not sa, that briefs may be submitted on tn, question at issue it\ is regarded a, certain that the court would be gla. to receive briefs of attorneys whf have made study of the case An, opinion submitted by the supreme court would be advisory only and moi binding on the court in the event ( question regarding the right of tn, state under the amendment should be brought in the regular way
 However, an advance advisory opinion probably would mean that nc further question would be sub mitted. If the court in it's prelim. ihary opinion should hold that tn. amendment did not give the state tho power to issue bonds it would b, possible ot obtain the development only through another amendmen' adopted by the voters. This will re quire the legislature at its adjourned session to submit another amend. ment.
 If the advisory opinion should ho1t that the state had full authority tc issue bonds since the constitutions amendment provides that the stat, may lend it's credit" without say. ing what form the credit shall take no further Litigation would result It was pointed out during the week that bond purchasers require no more than that uncertain points ot law shall be settled by decision U. the states hiphaqt , iNisonS stopilli on anholdlng g. the nigh of the state would settle the uncer tain points.
 Brandon Is Port Bncker
 Governor Brandon indicated tt members of the state harbor commits. con and to many other friends since he was inaugurated that he de. sires to develop the states seaport He looks upon this development as one of the important duties of hi. administration. a duty placed upon il by the voters at the polls in the November election and by the demo cratic party in the state convention September T.
 While giving consideration to the llans for the development of the states seaport. Governor Brandon also has started a study of the other Industries in which the state is in. terested. industries operated through the convict department. E
 In conversation with newspaper representative, Governor Brandon said he desired to obtain for the state a profit on each unit of the convict system and does not desire to have any unit take money iron, the earnings of the other units.