The Montgomery advertiser., 1907-06-14
CONTEST IN
 LEGISLATURE That's the Way Senator Will Be Chosen. C0MER IS NOT IN THE RACE May Take No Part in Choice by
 Lawmakers. John Tomiinson is Candidate and Con- gressmen Clayton and Richard-
 son May Announce Later
 Montgomery solons
 are for Bankhead.

I condition which surrounds the selection of a United States Senator from Ala. pama- It is almost as certain that governor B. B. Conner will not per. | mt his name to go before the Legis.
 re as has been frequently sug- | eested. He has made no statement put those who are close to him say that ne has no intention of flying in | the face of the Constitution by becorn. ing candidate. He will stay out ot the race and 1t is not certain that he VIII take hand in 1t for any other candidate.
 Hon. John W. Tomlinson, of Bir- mlngham, will be a candidate against to friends In Montgomery he has an nounced his purpose of seeking the election from the Legislature at the proper time. " l congressman Henry D. Clayton, of | Ine fhird Congressional District, and Congressman William Richardson. of the Eighth Congressional District. are spoken Of as possible candidates be- fore the Legislature. The talk of their candidacy at this time, however, lacks authenticity.
 A fight before the Legislature for the vacant Senatorship can be avoided by put one circumstance-the developunent or the Bankhead strength to such an extent that any other aspirant will feel that 1t is useless to make the race. Hon. Tyler Goodwin, representative | from Montgomery county. said yester- | day that he believed the Bankhead sentiment in view of his overwhelrn- I ing victory in the primaries was so strong that nothing could dislodge it. Bankhead Will Be Confirmed. l shall vote to confirm the action taken bygthe people in the primary said MT. Goodwin yesterday. q shall support Captain Bankhead primarily l because he has already been chosen to the vacancy by the people of Ala bama. Two other members of the Montgomery county delegation feel as I do and will support Captain Bank head. I have not seen the other mem- bers since the situation arose and can not express their sentiments.
 T believe. too, that the people acted l wisely in choosing Captain Bankhead He was the oldest member in Congress | from Alabama and he had more in- fluence in the Washington departments from his long experience than any other Congressman from the State. This experience will. in the Senate, be of the greatest value to the people of Alabama.
 Tn Congress he has been remarka- bly, successful in achieving results. In the Senate he will have additional op- portunities for doing good for Ala bama. The primary had a fortunate result when 1t ended in the nomina- tion of Captain Bankhead for the first vacancy. During the winter session I dis cussed with many members of the Leg islature the unique situation which ex- isted in Alabama where we had two distinguished Alabamians nominated for prospective vacancies in the United States Senate. large proportion of the members of the Legislature had no hesitancy in expressing their inten- tions in the event the selection of successor to either of the great Ala bama Senators should be thrown into the Legislature. From these expres- sions I found that there was an over whelming sentiment in favor of con- firmipg the will of the people as ex- pressed at the polls. I think Captain Bankhead will be confirmed to the prize given him by the people of Ala bama."
 What Will Governor Dos
 It is uncertain as yet as to whether Governor Conner will or will not make an appointment before the Legislature convenes in July. An intricate legal point was discussed yesterday which involved the status of a Legislative re- cess, The point made that the Legis- lature was now 'constructively" In session; that In the period between the regular session and an adjourned ses- sion-that is the recess period the Leg islature was actually in session and under the Constitution the Governor could not appoint United States Sem ator while the Legislature was actual ly in session.
 As a general thing however but lit- tie attention was paid to this. It was held that the Governor could appoint If he wanted to appoint whether he did 1t or not. There has been no intima tion of the Governors purpose
 But there has been the strongest sort of ntimation that his name would not be considered for the place Close friends of hls who had discussed the situation with him say that he sets his face against any movement for his election to the Senate. He holds out side of the question that his candidacy would be vioIative of the Constitution, that his place Is in the Governors of- flee and that he will stick 1t out until his plans are worked out. Those who know no longer consider the Governor as a possibility.
 Will he endeavor to throw his infiu- ence to some other candidate, opposed | tO Cdptdln bdnknedo! NODOQy KNOWS It Is known that if he makes an ap- pointment he will keep his pledge and name Captain Bankhead. But if the 1 fight goes to the Legislature, no man is able to predict the attitude of the Governor. The two friends of his who were supposed to have Senatorial as- plrations were Captain Frank S. White and Editor Rufus N. Rhodes of the Birmingham News So far there | has been no responsible talk of the candidacy of either of these gentlemen. One of the most significant utter ances on the Senatorial success was the editorial by MT. Rhodes in The Birmingham News of Wednesday after noon, under the head of Senator Bank head It was a declaration that Gov ernor Conner should immediately name Captain Bankhead to the vacancy. At the Capitol yesterday 1t was suggested that the editorial said nothing about the legislative election and that MT Rhodes so far as his record went might himself be a candidate for the place,
 But the well informed are not ex- peCting any announcement from the Birmingham editor. They think that he belives Captain Bankhead should