The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-07-01
How to Fill Place Is Puz-
z|ing Governor Mann
NOT MANY TO CHOOSE FROM
Likely to Become Senator, Yet
Representative Flood Has
Chance to Be Appointed
BY wATrrRsoN sTEALEy

BY WATTTcRSON STEALEY
Washington, June 3O.-(Specal)-Th al
most simultaneous death of Senators DAN
lei and McEnery will have a marked
effect upon the democratic side of the
United States Senate. By reason of Their
long service they occupied ranking places
on many committees. Vacancies have
Teen created to which the senators next
in seniority below them will rise. In
turn, there will be many shifts among
the minority members of the Senate com
mittees.
More important still will be the forg
ing ahead of younger democrats and the
infusion of new blood into the Senate
There are strong indications that Gov
ernor Sanders of Louisiana will fall heir
to the mantle of McEnery. whose term
does not expire until March 3, 1915, and
Il he comes to the Senate in place of the
venerable democrat who has just passed
1t will possibly be to serve all the balance
of the latters term.
Senator Daniel will be succeeded also
by a younger and more vigorous man
and the indications are that the toga
Claude A. Swanson
The situation as to the Virginia va
csncy is, however, quite different from
that in Louisiana Senator Daniels cur
rent term would have expired March 3
next, so that In any event there Will he
new senator chosen by an extra scS-
sion of the Virginia legislature mex
winter. The campaign for this seat VIII,
accordingly, be in full swing and prac-
tically decided before the successor to
Senator Daniel, under g,lbernatorial ap-
pointment, can take his seat next De-
cember. This will undoubtedly have con-
siderable influence with Governor Mann
In making the appointment
Mann In n Quandary
If the man to be elected for the full
term is not the one whom he would like
to appoint he could, of course, designate
some one to serve for the honor of the
thing until the legislature acts, but tae
national view of the situation is tho :
whoever appears to be the one next De-
cenlber most likely to capture the elecuon
from the legislature is the man who
should be appointed, for then the party
as well as the state, would have thc
benefit of longer service from the new
conner
The next regular session of the leg
islature of Virginia will not assemble
until january, 1912, nearly year ait
err the date of the expiration OF senator
Daniels term Mr.. Daniel had already
been chosen for the term ending March
8. 1917, but had not been sworn in Tor
that term and could not be sworn be-
fore March 4, 1911 Although he had
been. chosen and the fact whether a
1exisla ture would meet before March
3. 1911, made no difference In the case
of the eloquent Virginian whose death
now creates a vacancy, an interesting
question has arisen as to whether the
governor can appoint any one TO take
the place of Senator Daniel longer
than that portion of his present uneX-
pired term There is some doubt as
to his power to appoint some one TO
succeed Senator Daniel for that portion
of the Sixty second Congress between
March 3. 1911, and the time the Nir-
ginia legisla ture meets In January, 1872
senator Daniels Term
Although Mr. Daniel had been elect
ed for the term beginning with the
Sfxty-second Congress he had not been
sworn in for that term and the ques
ton comes to the front Is to whether
there can be a vacancy within the
meaning of the constitution when the
senator elected for a full term has not
been sworn In. The constitution readr,
II NdCdUCits Dappc1 ny IcsiS hdliOH VI
otherwise during the recess Of a legisla-
ture OF any state the executive there
of may make temporary appointments
until the next meeting of the legisla-
ture which shall then fill such vacan-
cies." s.iisf&YNIUTH
The doubt which some appear ID
entertain In this instance grows out of
the Interpretation to be placed on the
meanin of the word vacancy" and
a vacancy when a senator, although
elected, has not been sworn In. Former
Govern or Claude Swanson IL most prom
inently mentioned for appointment, but
Rep preventative Flood Of Virginia could
probably receive the appointment II he
urges 1t. He Is the closest personal
friend OF Governor Mann and managed
the latter's campaign for the nomina-
tion as governor Of Virginia when
Harry St. George Tucker was defeated
Friends of Mr.. Flood say he would
not wish the appointment because he
has some doubt whether he could follow
1t up with election to the Senate when
the legislature meets and that for that
reason he is willing to step aside. IT
Is stated that he does not believe that
he could win in primary contest
against some other men In the state.
Former Congressman and former
Governor Claude Swanson of Virginia
Is the most likely candidate for the
toga Of the late senator. He is undoubt-
~ the best equipped man In the Old
Dominfon for the place. He served a
number Of terms In the House and was
member of the ways and means com
mittee. as such being one of the dem
ocratic leaders under the Bailey, Nc
Miiiin ana Richardson regimes.
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