On Application for Rehearing
LIVINGSTON, Chief Justice.On original submission in this court, it was agreed, in substance, by all parties concerned that the only question involved in the law suit was the effective date of the 1950 Federal Decennial Census.
This question was undoubtedly clearly answered. On application for rehearing, petitioners asked-' this court to determine whether or not, since the reclassification date, in August 1953, the mayor has authority to sit and vote in the council as provided by Section 404, supra; and may he vote twice under his authority to vote as a member of the council on any question and again under his authority to break a tie vote under the authority of the same statute?
These questions were raised for the first time on application for rehearing. They were not presented to the court below, nor on original submission; therefore, we decline to answer them. See Beasley v. Beasley, 248 Ala. 690, 29 So.2d 232; White v. White, 33 Ala.App. 403, 34 So.2d 182; Edwards Ins. Agency v. Jones, 242 Ala. 624, 7 So.2d 567; Penn Mutual Life Insurance Co. v. State, 223 Ala. 332, 135 So. 346.
Application for rehearing is overruled.