Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1911-07-18
Gooernor Smith S Reply
To Senator Terrell
July is, 1911.

4
July Is, 1911.
Hon. ]. NJ Terrell, United States sena-
tor. Atlanta. Ga.
Dear sir: Your letter was received
late this afternoon. L reply at once.
In 1t you say you will not return to
washington to assume the duties which
are mine.
did not urge you to return to Wash
ington. You have not been there for sew
eral weeks. i urged you to stay IN the
position of United States senator. which
you now hold. and 1 hoped you would
at least continue your pair with Re-
publican that the two votes Of Georgia
might be counted when the votes VIII
be cast upon the important legislation
now before the United States senate.
did not expect more from you.
l appreciate very much the informa'
ton which you give me with reference
to how another senator might be elected.
Permit me to say that / already pos
sessed that information. yet, of course,
your giving 1T adds weight.
| You state that your Interpretation of
the constitution is settled and that no
fine spun reasoning will permit you to
assume duties after the election of your
successor.
Later on in your letter you refer to
the decision in the case of Senator
Gronna and you state that he did not
serve so long as the quotation in my
letter indicated The quotation was
from Mr. John Corrigan, Jr, Washing
ton correspondent of the Atlanta Con-
stitution. / thought the authority cited
would impress you.
That you may have no doubt upon
| this subject, ] call your attention to the
compilation of senate election cnses
published by the 5Sth congress, page A.
1t is the decision of the senate in the
case of Senator Samuel Smith:
ION the expiration of Mr.. Smiths
first term, viz, March 3, 1909, the Leg
islature of Maryland not having elected
his successor, and not then being in
session. he was appointed by the gov
ernor on March 4 to fill the vacancy
until the next meeting of the legisla-
ture, which would take place IN the 5th
of June next Thereupon Mr. Smith adj
dressed a letter to the senate, setting
forth these facts, and submitting to its
determination the question whether the
appointment would or would not cease
on the first day of the meeting of the
| Legislature. 1t was determined that he
was entitled to hold his seat in the SEN
ate during the session of the Legislature,
unless the legislature should fill such
vacancy by the appointment Of SEN
ator, AND THE SENATE BE OFF,
lCIALLY INFORMED THEREOF"
The same volume publishes other de-
cisions by the senate to the same effect.
In your letter you use the following
language:
when you pledged all the patronage
of the governors office and mustered all
the influence at your command to ac-
quire the senatorship, 1T must have been
with the understanding that you would
perform the duties"
Again. you say:
Possibly you are remaining In office
TO bestow the patronage without the
promise of which you could not have
been elected 1t was probably
due TO this consideration that you have
done the unprecedented thing of sending
to the Georgia senate a nomination of
a Judge whose term does not expire I'M
til July. 1912. after the next session of
the legislature has convened"
REGRETS HIS ILL TEMPER.
regret this manifestation of i'll tenn
per on your part, but will not retaliate
in the same spirit.
The Judge to whom you refer as hav-
ing been nominated by me when his
term would not expire until July, 1912
after the next session of the legislature
convened. had no opposition and was
1 NOMINATED Win the approval or the
member of the legislature from his
county and the senator from his dis
trict. His term really expires January
i 1912, and the statement which 1 un-
derstand is contained in the nominating
papers that it expires July 1, 1912, was
an error.
You are entirely mistaken when you
suggest that l pledged the patronage
Of the governors Office to acquire the
senatorship and that I am possibly re-
naming in Office to bestow the patron
age.
SO utterly unfounded is your charge
that even at the present ime / have no
pledge as to any appointment that I will
make and have not even reached a
conclusion as 10 any appointments in a
contested case.
did not suppose you would concur in
the view that my presence here as gov
ernor was important to Georgia's well
fare.
knew at the time 1 permitted my
name TO be used for the senate that ac-
cording to past decisions you could le-
gally hold the Office of senator through
the present session OF congress and 1
did not suppose that your defeat would
produce state of irritability which
would prevent you from doing so.
Your suggestion with reference TO
dual office holding is untenable.
You know that / do not hold two Of
fees and that I cannot do so.
You know that / am governor of C,eor-