The Birmingham age-herald., 1907-06-14
Is LEGISLATURE
 NOW IN SESSION 2 This Seems to Be the Deciding Question SENATOR OVERT0N TALKS Thinks Governor Conner Can Appoint Senator to Hold Until Reassem-
 bling of the Legislature.
 But No Longer.~
SENATOR 0VERT0N TALKS
BY HERvEY w. LAIRD.

Montgomery, June 13.-(Special.)-1t is suggested by some that as the leglsla- ture of Alabama is now in session-the decess being in effect actual session-the governor cannot appoint a senator to sue ceed Senator Morgan, the idea being that appointment is recourse taken only when the lawmakers are not in session. The question: If there is one, would seem to hinge on whether the legislators are in session or not-on the meaning of re- cess adjournment to day named
 Some seem to think, however, that the recess is in effect, an interval in the meet lngs and that it would give the governor the right to appoint. The national con stitution puts it this way: And if any vacancies happen by resignation or other wise during the recess Of the legislature of any state the executive thereof may make temporary appointments until the rext meeting of the legislature
 Speaking of this question this morning. Senator John w. Overton of Randolph said: "f think under the constitution or the Untef States the governor has a right to appoint a successor to Senator Morgan to hold until the reassembling of the legislature on July 9, but no longer. The legislature is not in session now, hay ing recessed until the date named. Sev- eral lawyers of ability with whom I have talked take this view. while others take the opposite. However, I do not think the governor is obligated to appoint under the circumstances, as Congress is not in session and will not be for some time and there Is no actual necessity to make a selection prior to the reassembling of the legislature next month";
 The impression is general about the capitol today that if the governor does act he will name Bankhead In fact everybody takes the view that there is nothing else for him to do, as his in structions are emphatic. However. none seem to know whether he will appoint or not.
 Views of Member.
 A man who is reasonably close to the executive gives 1t at his opinion that Governor Conner will not allow his name to go before the legislature for the United States senatorship under any cir cumstances, that he has a work to do as governor that he has obligated himself to do and that he has no idea of getting out for any other office. This same man said that so far as he is concerned-and he is member of the legislature-he re- gards the vote given Bankhead and John ston for senator in case of vacancy as binding even to the election by the two houses of the legislature.
 The correspondent of this paper saw Governor Conner and asked him for some sort of expression one way or the other, to be used or not, as to his position, but he said that he had no remarks to make at this time. He will go to the funeral at Selma Saturday and after that will have something to say with regard to the situation and express his views upon it. He will be accompanied to Selma by a number of the members of his staff and officials of the capitol and will see that every honor the state can pay Is paid to the great dead.
 Among those who are mentioned for the honor. in case the matter is fought out before the legislature, are John w. Tomlnson of Birmingham, William Rich ardson of Huntsville and Henry D. Clay ton of Eufaula, in addition to those so well known and frequently mentioned.
 Big Fellow Adopted.
 The supreme court has upheld the adop- tion of man 26 years of age, in the face of a fight by members of her family to prevent said son from becoming the in heritor of her property Mrs. Sheffield of St. Clair county adopted R. B. Franklin, who was 26 years of age, that he might be her heir. At her death members of the family resisted the will on the ground that man so old could not be adopted.