The Birmingham age-herald., 1923-01-21
No Provision Made for Sale of Bonds in Amendment Which
 Was Overwhelmingly Rati- fled by People of Alabama Desirous of State Progress
NO TIME TO BE LOST TO OVERCOME OBSTACLE
ReSubmission to Legislature and to Voters for the Third time Plan Decided-Ex-Gov
 ernor KiIby Declares Little
 l Can Say About Measure

It was learned from Chairman H. K. Miner of the Alabama harbor commission, that no time will be lost by the commission in smoothing out obstacles resulting from discovery of flaw in the port aid amend ment which fails to provide for is suance of bonds for improvement of terminals at the port of Mobile.
 Chairman Milner and S. J. Bowie, joint chairman of the amendment campaign committee, Saturday an- nounced that after careful study of the amendment in which the opinion of prominent attorneys at Mobile was received, the state could not issue port improvement bonds because that action could not be held constitutional by the supreme court of Alabama. They also stated that while the amendment gave the state authority to expend limit of 100000 on port improvement, such funds to come from the state treasury, that no such request would be made. In other words, the com mittee will keep faith with the peo- pie. During the amendment cam paign it was stated that the state of Alabama was to merely permit use of it's name, or in other words, guar antee payment of bonds for port improvement.
 Amendments Third Submission
 Port improvement bonds interest and final payment was to have been met through revenues of the port and not from the treasury of Alabama, the people were told during the cam paign. And despite the fact that the amendment failed to provide for a bond issue, steps will be taken to correct the amendment through it's submission to the voters of Alabama for ratification. When the amend ment Is submitted it will be the third time the people of Alabama have voted on it.
 Ex-Governor kiIby's Comment
 Former Gov. Thomas T.. Kilby was asked at his home in Anniston Sat urday night by The Age Herald if he had any comment upon the de- velopment of the flaw In the port amendment making it necessary to resubmit to a vote of the people
 There is little l can say about it." said Governor Kilby. Tt will no doubt be recalled that when the su- preme court made it's ruling on the unconstitutionality of the good roads amendment that body specifically stated that it was outside the prov ince of the executive department and twas strictly a matter for the legis- lature.
 Because of this supreme court | t11i ha q nothing to do with the drawing and preparation of the port amendment measure. As a result of the flaw in the good roads amendment very ur- gently requested the legislature to consider a law which would have re- quested the supreme court to pass upon measures in advance of formal passage in order that there could be no such mistakes. This is an en- Itirely practical measure. is already in effect in something like 10 states and in Massachusetts is in the state constitution. If such a step had been taken there would have been no such embarrassment as has now arisen in connection with the port amend ment"
 While no definite figures are avail able it Is estimated that the cost to the state of resubmtting the amend- ment at a special election will prob ably be much as s10000
 Committees Statement
 sydney J., vie and H. K. Mlner, joint chairmen of the state campaign committee. for the ratification of the seaport amendment to our constitu- tion have made the following state ment:
 The matter of issuing bonds under the te ms of the seaport amend ment recently adopted has been
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