The Birmingham age-herald., 1924-07-16
BRANDON TO ASK COURTS OPINION
 DN PORT MATTERS
Definition Of Two-Thirds { Vote Will Be One Of Questions
(state Capital Bureau)

tt N0SoSC NDPhgeh HUH ONuJ tt MONTGOMERY, Ala, July 15.-I Governor W. w Brandon has prepared tfo ask the. opinion of justices of the su ibreme court on certain questions affect. ing legislation providing for seaport de felopment, it was learned today. The questions to be submitted to the su+ preme court justices seek to determine whether the legislation authorizing the state to engage in seaport development is subject to the provision of section .213 of the constitution, which required concurrence of two-thirds of the mem bership of the legislature in order to incur any new debt, and if so whether i@two-thirds" as used in the constitu- sition meant two-thirds of the member ship of the legislature, or of those pres sht. and voting.
 The questions propounded by the governor will be submitted to the su preme court justice Wednesday morning, under. provision of the act of the legis- 1ature authorizing the governor to seek she advisory opinion of the members of Nhe supreme court son constitutional questions. The action of the governor, 1t is stated, is to give assurance to the validity of the bonds soon to be issued for development of the port of Mobile. When the house of representatives of 1923 passed the seaport enabling act, Representative J. Lee Long of But Ter, who headed the fight against the act, spread a protest upon the journal of the house, claiming that the act had not received the two-thids vote which he held was necessary under the con- stitution The bill received the votes of two-thirds of those present and vot ing, but not two-thirds of the total membership of the house.
 Prevents New Debts
 Section 213 of the constitution pro vides that :~
 After the ratification of this con- stitution, no new debt shall be created against or incurred by this state or it's authority, except to repeal invasion or suppress insurrection, and then only by a concurrence of two-thirds of the mem- bers of each house of the legislature, and the vote shall be taken by the yeas and nays and entered upon the jour nals, and any act creating or mourning | any new debt against this state, except as herein provided for, shall be abso- l1tely void"
 It was alleged by opponents of the seaport development legislation that this provision of section 213 of the consti- i tuition requiring two-thirds vote would apply to the port enabling act
 Governor Brandon, in his request for the opinion of the supreme court judges, 1 stated that constitutional questions have arisen, "the answers to which will give more confidence and assurance to the validity and cOnstitutionality of the contemplated act of the governor of Ala hama He asked the opinion of the justices on the following three ques- tiOns:
 Three Questions '-
 ''First-Is the following provision of the section 213 of the constitution of Alabama, and then only by con currence of twO-thirds of the members of each house of the legislature appli cable to any act carrying into effect the | following provision to amend section 93 of the constitution of Alabama. And when authorized by appropriate laws passed by the legislature, the state may 1 at cost not to exceed ten million dol | lars, engage in the work of internal im- provement, of promoting, developing, | constructing, maintaining and operat ing all harbors or seaports within the state or its Jurisdiction, provided that such work or improvement shall always be and remain alnder the management and control of the state, through its state harbor commission, or other gov erning agency
 "Second-Does two-thirds as used in section 21S of the constitution mean two-thirds of the members elected to the respective houses, or two-thirds of those present and voting, provided there shall be a quorum present and voting!
 t'Third-Did amended section 93 of the. constitution, authorizing the state to engage in the improvement of its harbors or seaports affect or subject legislation carrying into effect such au- thorization for seaport development to the provision in section 213 of the con stitution requiring concurrence of two thirds of the members of each house of the legislature in order to incur a debt or debts for the development and i'm provement of the seaports of the state!'