The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1910-09-17
Interesting Senatorial Middle
Two Lawyer Brothers Render Differing Opinions as to
Legality of Gov. Sanders Appointment of Judge
Thornton to the United States Senate.

Governor Sanders appointment
of Judge j. r. Thornton to fill out
the vacant term in the U. s. Sen
ate, caused by the death of Samuel
ID. McEnery, has given rise to
some legal technlcalities which are
quite interesting, aud many COM
plications have been suggested.
We incline to the opinion, how
ever, that as the Senate is the
Judge of these matters. it will take
a practical and common sense view
of the situation, and Judge Thorn
ton will be seated without the
splitting of hairs over fine drawn
legal points. All the same, the
discussion is interesting, aud the
following differing opinions on
this subject are ably presented by
two eminent lawyers who are well
known to our people. Judge +.
G. Hunter and Hon. r. p. Hunter,
both of Alexandria, are two broth
ers who have attained distinction
by many years practice in all the
courts of Louisiana, and their
views are entitled to weight at any
time. Judge Hunter is the young
or brother, and his practice and
distinction has been principally as
a criminal lawyer, while the elder
brother has given his attention
principally to civil matters.
JUDGE E. G. HUNTERS OPINION.
Judge Hunters opinion was
written to the N. O. Item, and de-
clares that any real objection
would cause Judge thornton to be
closed out of his seat He writes
under date of August 3lst, as fol-
lows:
When the facts relating to the
senatorial situation are seriously
considered, l do not think there
will be a great difference of opin-
ion among lawyers as to the final
result. Senator McEnery. died
while the Legislature was in ses-
sion. This body elected his sue
cessor, who never qualified, be-
cause the Senate, being the judge
of the qualifications of its mem
bers, has not been in session since.
Until his credentials we're declared
to be correct and his election held
to be in accordance with the United
States Constitution aud the oath
of Office administered, he did no,
become Senator.
IT Governor Sanders had quail
fed by taking the oath and ther
resigned before the Legislature
met, the governor of the State
could have filed the vacancy, be
cause there would have been, il
that case, a vacancy caused by th'
resignation of one of the senators
the appointment would haze beel
to ELL the unexpired term of Sena
tor Sanders.
If Governor Sanders does no
qualify there will be, when tn
Senate meets, a vacancy caused b,
the death of Senator McEnery, ant
not one caused by the resignation
of Mr.. Sanders, for he could no
resign what he never had.
Judge Thornton will present hi
credentials, which, upon their face
will state that he has been appoint
ed to fill the unexpired term caus
ed by the death of Senator McEr
cry. The Senate, like the courts
will take judicial notice of th
constitutions of the United State
and of this State without an
other proof, the Senate is boun
to know that the Legislature
this State was in session when Sci
ator McEnery died. No one al
pearing with credentials shown
election by the Legislature to +
the vacancy, the Seuate is bour
-. n