The Birmingham age-herald., 1907-06-18
Impression Grows in Birming- ham That the Legislature
 Will Observe Primary
GLOVER THINKS ASSEMBLY
 NOT BOUND BY THE ACTION
Colonel Bankhead Says He Has Mes sages From Majority of the Legis- Iature Assuring Him Support
 Next Month.

l Local comment upon the senatorial situ- ation was freely heard yesterday, but when political leaders were asked to ex- press their views for publication they lodged the issue and declared that they did not wish to be quoted upon the sub l jeet. Governor Comers appointment of Col. John H. Bankhead to the vacant senatorship and his statement in connec- ton with the appointment seems to have stirred up a political hornets nest and a situation has arisen upon which politi- clans refrain from expressing themselves.
 Governor Conner, following up his in- tention announced in Sunday mornings Age-Herald, yesterday morning appointed Colonel Bankhead to the position of United States senator, succeeding the late Senator Morgan. The appointment was made and the commission forwarded to Colonel Bankhead yesterday, together with a letter notifying the appointee of the honor conferred upon him.
 Efforts were made yesterday to obtain the views of local political leaders upon the senatorial question, but few would talk for publication, while many of those interviewed declared they might make statements later. State Senator N. L. Miller said very emphatically that the situation was too delicate for him to dis cuss.
 T will say, however" said the senator, 'that the fact that a number of candi- dates from this and other sections of the state have announced for the senatorship before the legislature puts another aspect upon the situation, and as I do not wish to compromise myself or make any prom ises that 1 cannot keep, 1 must refrain from any public view upon the senatorial matter"
 Thinks Legislature Has Free Run. Representative John T. Glover of Jeffer son takes the attitude that the legislature is in no wise bound by the primary ac- tion. Discussing the matter last night he said:
 do not consider the resulte of the late primary election as relating to the sena- torial succession as in anywise binding upon the legislature. As l construe the plain terms of the plan IL was not even contemplated by the state executive com mittee that the result of the primary, in so far as the United States senator was concerned, should even be a suggestion, much less a direction or instruction, to the legislature. It purported to apply, and in fact applies, exclusively to the gover- nor in the event of vacancy while the legislature was not in session; the ap- pointee of the governor in that even to serve or hold the office only until the legislature should again meet and elect.
 PIege Is Discharged.
 T understand that the governor has discharged his pledge by appointing Cap tain Bankhead to serve until the legisla- i., hot fFa, tain Bankhead will succeed to the office for which he ran and will serve in the same for the full term for which he was nominated; that is to say, until the legls- lature shall again meet and elect sena- tor. I do not therefore, see that any one has any cause for complaint. 1 am sure that Captain Bankhead understands now, and understood when he went before the people in the late primary, that, ill the event of a nomination he would only receive an appointment at the hands of the governor, should the vacancy occur while the legislature was not in session, and hold the office in pursuance of such appointment only until the legislature should thereafter meet and elect a sena- tor.
 "The constitution imposes upon the leg islature solely the authority, power and duty of electing United States senator, and I assume that 1t was therein contem- plated that the individual members would in such election be guided and controlled by sound discretion in the discharge of this imposed duty. Such discretion will control my individual vote when ge come to elect a senator at the adjourned ses- sion in July.
 q will say further, that the ability, fitness and qualifications, as l see them, of all those who may be candidates for this exalted office being equal, in my judgment, the very handsome vote which Captain Bankhead received in the late primary will commend his candidacy very strongly to me, but, as a member of the house, I certainly reserve the right to cast my vote as my best judgment and intelligence may dictate"
 Bankhead Is Confident. Colonel Bankhead is still confident he will be elected to the senate, and in message to The Age-Herald last night from Jasper he said that he had letters and messages from majority of the members of the legislature assuring him of support Colonel Bankhead's statement in full is as follows:
 When the properly constituted authori- ties of the democratic party called state primary for the nomination of governor and other state officers, and members of the legislature, they provided also for the nomination of United States senators. Recognizing the advanced age of our hon. orable senators, and the probability of one or more vacancies, the state committee also provided for the nomination of alter nate senators. The candidates for this po- sition were generally spoken of and re-. garded as candidates for senatorial sue cession.
 Tt was thoroughly understood and &C., cepted by the voters that the nominees in that primary for alternate senators were to succeed to the first and second vacancies in the Senate, if such vacancies occurred before the next general lection In the full belief that the nomination gave Unsuccessful candidate the right to fill out the unexpired term, left by reason of any vacancy, the candidates in good faith entered the contest. and the people in the same good faith accepted and dealt with them.
 "Under the same plan and at the same time that the governor and members of the legislature were nominated, I re- ceived majority of all the votes cast in the primary for succession to the first vacancy in the United States senate, and was duly declared the democratic nom inee by the state democratic executive committee to succeed to the first vacancy.