The Birmingham age-herald., 1909-07-16
Biennial Session Amendment Will Give Governor Chance
 Against Bankhead
FORMAL CALL FOR THE
 LEGISLATURE OUT TODAY
Will Be Voluminous and Major Portion Will Be Devoted to the Prohibit ton Question-Other Sub
 jects Mentioned.
BY c. M. STANLEY.


 It now appears that Gov. B. B. Conner will not have to resign his place as gov ernor in order to make the race for the United States Senate to succeed Senator Bankhead. He can serve out his full term and still be eligible to make the race under certain conditions, and this is probably what he will do. Indeed it was understood last night after the trains came in from Montgomery that the gov ernor's formal call for the extraordinary session, which will be given out for pub lication this afternoon, will contain pos itive declaration that he intends to serve out his full term.
 The condition under which the goverz nor will be in clover will be a change from quadrennial to biennial sessions of the legislature This subject, it is un- derstood will be taken up by the legisla- ture and everything possible will be done to have the proposition carried by the people.
 It has developed that it will be the simplest thing in the world for him to make the race for the Senate and stiii be within the constitution. The consti- t,,tion of the state of Alabama provides that a governor shall not be elected to the Senate within year after the ex- niration of his term of office.
 co,,ernor Conner will retire from office in January. 1911, if he serves out HIS term. Senator Bankhead's term expires in March. 1913. Governor Conner woufo' therefore. be eligible for election to the Senate any time after January isi' Therefore, if the legislature or lsll cah he prevented from electing senator 'o succeed Senator Bankhead Governor Co- mer could jump into the fight any tune after January, 1912 and up to March' 1913.
 Tho easiest way to play into the gov .rnor,s hand will be the creation of bi- ennial sessions of the legislature. II the legislature shall submit an arleiioi,e',. |. .o the constitution and the people snail ratifv it, providing for biennlai sessiohs' the legislature which will sit In January, 1911 would not be called upon u eject q senator and there would be no chance of Senator Bankhead's being elected with- out the Conner opposition. II oiehiiiai sessions are provided for there will be session of the legislature Tn January ,o,o almost three months before the ex- r;ra+,on of the present Bankhead term. The senatorial primary could have been held any time during the previous year and Governor Conner would nave peeh entirely eligible to make the race
 so that it appears after all that bi- ennia1 sessions will be the solution or the governors dilemma and that ne can he governor for four years and stili go hefore the people and ask for ipdorsement hv being sent to the senate.
 Rut there is doubt in the minds or many people about whether a biennial sassion nrovision can be carried before the people. It has not been so many nonths since the voters of Alabama nassed upon this very question and it was overwhelmingly defeated. Of course, II the governor is strong enough there IS the possibility that sentiment has changed sufficiently to provide for session or tne lawmakers every two years.
 This much. however is settled Cover nor Conner will be in the running If there Is a regular session of the legislature as late as 1913. In case the plennlai ses- sion provision fails another unique point arises If the regular legislature Of Jan nary 1911, can be dissuaded from electing O senator could an extra session of the Ia wmakers be called after January, 1912, to fill the vacancy? If not, then the gov ernor will be disappointed. If, on the other hand. this is possible he will be able to be in the running even though the biennial session proposition fails.
 By the way, there was all Kinds or talk last night about what the governors call today will contain. It is known that conv of 1t reached the city last night. but it was zealously guarded. The talk was that it would contain a positive as- sertion that the governor will serve out his term. It was also said that the docu- ment Is very voluminous and that 1t Will contain more on the subject of prohibition than anything else. Among the measures suggested for strengthening the prohibi- ton laws is one providing for passing a law forcing the removal of all so-called lockers from clubs of all kinds.
 It is said there is very little in the call touching on corporations-railroad or otherwise. Of course, the document will have the compulsory education feature, will prvoide for creating Greater Birming- ham and will suggest that a commission form of government be provided for cities of the first-class with a possibility that it may be extended so as to include all of the larger towns in the state. The proposed commission bill is a referendum measure and no city can adopt it without a vote of the people. affected.
 Other matters in the call are said to be of minor nature.