The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-03-17
If Major D Daniiel Dies Be
fore Midnight Cover
nor Cannot Appoint.
SENATE REJECTS
HO USE p LA N
Unwilling to Recall Members for
Purpose Of Extending Session
Of General Assernbly ly-Par-
liamentary Situation Is In
volved and Two-Year
Vacancy May Occur.

Vacancy May Occur.
While the heart OF Virginia hung
over the deathbcd OF her most illus.
trlous son. the handful of members
who wcrc present at the sessions OF
the General Assembly yesterday faced
one OF the most remarkable parlia-
mentary situations In the history OF
the Commonwealth. The fatal illness
OF Senator John Warwick Daniel. COM
Ing while The Legislature Is in con-
structiye session only. and upon tho
eve OF final adjournment. mas created
an unparalleled problem.
With no desire to anticipate po-
lttical contest. with no paucIty of
grief for the condition OF the man
whom Virginia has always delighted
to honor. with no feeling OF "Le roi
est mort; vIvc le roll the legislators
went TO the bottom OF the situation
and handled II according to their best
ability. n politics was played. It was
because It seemed necessary.
Whether there will be an extension
OF the present session for the pur-
pose Of election. or an extra session
called by. the Governor. or a vacancy
! for two years. or an appointment by
the executive, depends upon the events
Of the next few hours. It all depends
on the vitality of the mar who lies
breathing his last. to all appearances.
In a little hospitai on the East coast
OF Florida.
Situation IS Grave.
As matter OF TACT, SO grave has
the situation In all respects become.
that the political future OF the stats
Sasa.sS depe,dso ,tIl sts- sor NOT seagtor
Daniel can be successful In his ngfIs
with death until the hour OF midnight
j Is reached to-night.
# In n few words. the situation Is sthfs:
Should a vacancy occur before the i'd
journment sine die OF the Legisiu-
ture. the Governor cannot appoint.
since he can only fill In this way
Offices made vacant during recess
OF the General Assembly. In that
case. Virginia will have but one repre-
sentative in the United states Senate
until the Legislature OF 1912 assem-
blcs. unless the Governor should call
cost OF $4,000.
The only possible hope of avoiding
either horn OF the dilemma would be
tho presence before midnight tonight
and the atfirnna tive votes OF three
fIfths OF the members OF both houses
on the question OF still further extend
ing the present session. Nearly all of
the members are at their homes, and
1t is recognized that 1t would be a
herculean task to secure sufficient
attendance before the time comes when
the session will end by Limitation.
Members "A reused.
When The Times Dispatch yesterday
morning announced Senator Daniels
desperate condition the members at
once began to take counsel of them
selves as to what was beststo be done.
About a week ago both houses adopted
5aresolu ton which received a three
lifths recorded vote in each, extending
the session five days from last sat
with the provision of the Constitution
as to signing bills In the presence OF
the nj embers. The session would thus.
end by limitation to-nig ght at midnight
S Further extensions can be hud only
IN the same way: that is.s5 5twenty-fours
Senator'S and sixty delegates must be-
fore midnight record themselves for
an extension. u was at once recog-s
9nized that to secure the presence Of
so many would be almost an impos-5
gibility in SO short a time.
8It has been well settled, 1t Is Eund err
stood. In a contest In the United States
Senate. that a. Governor cannot appoint
If a. vacancy occurs while the Legis-
Slaturc Is in session The Virginia
! General Assembly u IS actually in ses-$
sion. al though hut a few members We're
I'm the city yesterday. It was at once
seen that II Senator Daniel should d ie8
before the time fixed for adjournment.
and should no election take place be-
fore that time, there would be III a
Svaca ncy In Virginia's Representation
FOR the me- two years. The only way
il IN which this could be avoided would
bean extra session called by the Gov
ernor. This Is estimated TO cost fully.
$4,000, since every membe will re-
eeiYe $3.50 even i he remains but one
day. There is mileage, oftlcers' salaries,
/ and q host Of detail expenses, u t& IN
Altogether. the situation n was not
ono no8cnlculated to prom ote peace. I t
was furt hersg comp lea ted my repeated
rumors that Senator Dantel was dead \
B .i8, Several PosSibilities. 43.5i gI35 s,
IiaYtng g thought SO much a bout the
problem OF the successorship, thu mem
+ hers u and Others naturally had their.
minds turned toward the Epers OF
\ the new Senat tor. AS stated. In The
recognized that Congressman Flnod'sl
name would dous stless receive favorable
consideration from the Executiva.s OF,
course. til lie name OF ENG overnors Swan
son was most to be heard \. Later In
the day a new phase cave into tha sit-
nation. when SneaSe ar R n lohard Evelyn
Byrd was suggested. Among the her
names heard ina T. is connection wero,
those OF Ex-G GoYernor And row jackson
sMontague.l Senator George u. B.skS Saezell,5 /
4 SGoyernor r lam 81 II cd ges u, Mann
4 Henry q, Stuart and sAl en- Caperto on.
sBraxton.s Il AS the I tier of whom Il
was sal d some ~ enVs ago sth a n wo Ill IA
4 be AZ II ely to & 81 uceeed Senator Danial.
4 Ihonld the N tier retire. "A wa q spe ilyi
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