The age-herald., 1900-11-13
THE CONSTITUTION
 AND GOVERNORSIIIP

To the Editor of the Age-Herald.
 Citizens of Alabama who are of the laity having been called on to vote upon the issue of ratification or rejection of the con- sttution of their State. may be allowed to consider it's provisions as emergencies of construction arise: and therefore as a lay man citizen I venture upon the following views:
 There was a Governor of the State legal ly elected last August. When the General Assembly meets on Tuesday next, as the constitution provides, each branch of that body will elect under the constitu- ton two Governors in prospectu, to-wit: the presiding officers respectively of the Senate and of the House. There is yet a fourth Governor within the purview of the constitution, and he is the present Gov ernor, holding over when neither the Gov ernor elected in August, the presiding of- ficer of the Senate or of the House is present and ready to take up the reins of the executive department when the two years term of the incumbent expires by law, December 1.
 The theory is that the executive depart ment shall not lapse. The provisions made are four in number, each following the oth- CT in defined order. First the Governor elected by the people; next the Governor chosen by the Senate; thirdly the Governor chosen by the House, and lastly the incum- bent who holds over" in the event that a disability prevents the others designated in turn from assuming office.
 Article V section Is of the constitution enumerates various causes which may dis able the Governor elected in August from assuming office when the term of the in- cumbent expires but not content with the enumeration proceeds. for safety sake, to command the recognition of any and all causes which may operate to disable him as sufficient authorization for the operation of the constitution in providing for his successor After the enumerated causes comes the specification, "other disability" That is conclusive of the whole theory of constitutional succession to the office. A Governor elected suffers disability in life or disability" in death. He is disa- bled and thereupon the rule of succession begins with the president of the Senate, who has already, by the way been two weeks in office in the term of the incum- bent Governor, goes on to the Speaker of the House and terminates in the hold over' eXpedient of tl-a incumbent.
 Some talk has been seen in the press about the duty of the joint Session of the houses to throw out all votes cast for dead man. It depends on the date of the demise Of the man elected. The live man who was elected by the vote cast last Au- gust Is before the joint session by virtue of the ballots that represent him. The joint session cannot resolve itself into coroners jury. Its duty is the one per functory thing, the counting of the ballots of the candidate alive when the ballots were cast.
 There is this interesting difference be- tween the Federal constitution and the constitution of Alabama in the case pend- ing. Should Messrs Mckinley and Roose- welt both die in the period between the day of casting and sealing up of the ballots of the electoral college-that is between December next and March 1 following no succession to the Presidency is provided for to take effect March 1. The rule of cabinet succession expires on that day, and the men elected are in the hypothesis dead. On the other hand, if the Governor of Ala bama dies in the period between the first Monday in August, the day of his election, and the first of December, the day of his inauguration, we have succession pre- served to the office of a perfect character. Very respectfully, J. v. DuBOSE.
 Wetumpka, Ala, Nov. 12, 1900.