The Birmingham age-herald., 1923-02-21
BRANDON CALLS ON COURT FUR RULING
 ON SEAPO PORT BONDS
Governor Asks Four Questions of Supreme Court Which Will Give States Power
 Under Amendment
STATE CAPITAL BUREAU [
 THE AGE-HERALD


 Governor Brandon made formal re- quests of the supreme court of sla- bama today for an opinion on the right of the state to issue bonds to the amount of s10, 900, 900 for the de- velopment of the seaport at Mobile. The request was signed by Governor Brandon and was filed with the su- preme court by Judge James J. May field, legal adviser
 Judge John C. Anderson, chief jus tice of the supreme court imme- diately announced that the court will give consideration to the request when the call of divisions is resumed about April 1 and that the court in- vited any person interested in the final outcome of the case to file briefs in support of or in opposition to the contention that the amend ment ratified by the voters last No- vember gives the state the right to issue bonds.
 Harwell G. Davis, attorney gen eral, shortly after the court had ex tended its invitation, announced that he will prepare a brief In support of his contention that the amendment
 
 the issuance of the bonds and for the legalization of the bonds when is- sued.
 Arguments Sought.
 Under the courts invitation any other attorney in this state may file briefs and it is known that the state harbor commission will request prominent attorneys to submit their views for the consideration of the courts.
 The decision of the court will be merely advisory under the bills giv- ing the governor and legislature the right to call for opinions regarding the validity of the constitutional amendment, but as the court will make a general inquiry before rem dering aa advisory opinion this de- cision will have great weight when the time comes to determine the question raised in the regular way.
 In asking the court for it's opinion, Governor Brandon asks four ques- tions:
 Asks Four Questions.
 First, he asked the supreme court whether or not the state could issue bonds under the amendment under
  adopted last November.
 Second, he asked If the state can, under appropriate legislation, create an indebtedness up to s10,000,000 for port improvements.
 Third he asked if Section 213 of the constitution prescribing the debt limit of the state prohibits the in- curing of an indebtedness or the is- suance of bonds as contemplated by the amendment to Section 93.
 Fourth, he asked whether the amendment to Section 93 Is within the limitation of or within the pro hibition of Section 213 of the consti- tuition.
 Governor Brandon filed with his reouest a copy of the bill giving the supreme court the right to render advisory opinions, a copy of the con- stitutional amendment adopted last November, and a copy of Section 2lS of the constitution.
 The question asked as to the states right to issue bonds arose when it was discovered that the amendment gave the state the right to lend it's credit up to Sl0,O0O,Oo0 for port Improvements, but did not say that the states credit should be in the form of state bonds. FARM BUREAU PROGRESS HEARD
 With representatives in attendance from eight S<uthern states. the an nual meeting of the southern region of the American Farm Bureau fed- eration was begun here Tuesday and during the day interesting reports were made on the growth of the CO., operative marketing association. sponsored by the federation during the past year. Roy c. Bishop, sec retary manager of the Alabama Farm Bureau federation. called the con ference to order, while w. D. Farris
 tcontinued on Page Three.)