The Birmingham age-herald., 1908-01-28
CAN GOV. COMER RUN
 AGAINST BANKHEAD2 Constitutional Inhibition Can
 Easily Be Evaded ENTER PRIMARY IN 1910 He Could Then, If Nominated, Be EIected Rv SnAeIal Session of
He Could Then, If Nominated, Be Elected By Special Session of Legislature Called Early
 In 1912.

The Age-Herald Sunday from Montgom- cry, there are prominent politicians who believe that Governor Conner will make the race against Senator Bankhead, in spite of the legislative enactment that no governor shall be "elected or appoint ed'' to the Senate until one year after his term has expired.
 Therefore, considering the belief of these prominent Montgomery politicians that Governor Conner will make the race for the Senate as true, and remembering the governors declaration that he would not resign his position as chief executive of the state, the question prompts itself: What scheme has the governor up his sleeve?"
 Prominent Attorney Talks.
 A prominent attorney. close to the ad- ministration, who preferred to remain in- cognito in this interview for fear that his remarks might be misconstrued as political thunder" in behalf of Governor Conner, had the following to say:
 Under the laws of the state the gov ernor, in case he does not resign his of flee to make the race, cannot be elected or appointed until one year after the expiration of his term as governor. Let it be taken for granted, however, that the governor desires to become United States senator. Under the law he has a perfect right to enter the primary, which will be held in the fall prior to the January in which his term as gov ernor expires. Let it be granted that he receives the nomination.
 His term as governor expires in Jan uary, and the legislature meets in Jan uary or shortly afterwards. There are two courses open to the legislature-to elect the nominated senator, or not to elect him.
 Suppose he is elected by the legisla- ture. You understand that the consti- tuition of Alabama does not bind any one The Senate passes on it's members, and in doing so would take no cognizance of the laws of Alabama. So Governor Conner, if he saw fit could ask the legis- lature to elect him, and if the legisla- ture saw fit, it could do so. Of course, in my opinion, Governor Conner would not ask the legislature to elect him, and the legislature, in my opinion, would not do so even were it requested This is simply a supposition, as in fact, this entire statement is.
 But suppose, instead of electing the nominated senator, the legislature de- cline to take any action in the matter whatsoever. Then suppose an extraordi- nary session is called in January, 1912. At this session the legislature could elect Governor Conner senator, and in so do- ing, comply with the laws of the state Even after this election in 1912, another year would have to pass before the term of Senator Banlxhead expires.
 So you see that it Is possible for Governor Conner to serve out his term and then make the race for the Senate You understand. I am not making any predictions. In fact, the governor has never intimated to me that he would make the race, or that he wanted the senatorial berth. Personally, I do not believe that Governor Conner will make the race for the Senate, but it is pos- sible, in accordance with the law, for him to serve out his term as governor. and then be elected to the Senate. His term expires in 1911. He could be nomi- mated in 1910. He could be elected in an extraordinary session of the legislature in 1912. He then could take his seat in the Senate in 1913"
 Announcement Caused No Surprise.
 The announcement of Governor Conner at the Bryan banquet that he would serve out his term as governor, did not cause a particle of surprise. No one im- agined that he would resign next year, and remain idle for the purpose of att tempting to defeat as strong and popu- lar man as Senator Bankhead is. In other words, it was not considered that a two years term as governor would be thrown aside for the purpose of mak- ing problematic race against senator who will have served but a portion of a term when the next election date rolls round.
 However, the gossip Is rife that Gov ernor Conner will make the race for the Senate against Senator Bankhead, after the conclusion of his term as governor. In spite of that fact, Governor Conner has not given any direct intimation to that effect.