Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-04-04
SENATOR FALL
CONFIDENT
OF BEING
RETAINED
Wires From Washington Re-
questing Legislators to at
Once REFLECT Him as is the
General Custom.
EXPECTS TO RETURN TO
NEW MEXICO AT ONCE
Cny Evening Herald A. p. I.enssa wlrs)

CBy Evening Herald a. r. Lensed wIreD
santa Fe. n. M. April 4.--Both
houses OF the legislature resumed
their sessions at o'clock this after
noon after being IN recess since last
Friday. NJ important business Is
likely to be transacted until next
Tuesday, when the house bribery in
vestigation committee Is expected 10
report. Much doubt is expressed
whether the legislature can legally
elect "A United states senator To sue
ceod Senator a. -. FAN before tho
session next January. and n strong
sentiment is developing In favor of
rushing through a senatorial prefer
once primary law within party limits.
The members Of the legislature at
noon today received kilograms from
senator A. u. Fall stating that II was
customary for the same legislature
Immediately 20 re-elect the senator
drawing the short term, and asking
that a Joint session be held at once
and that he be reelected. The tcie-
gram. which varied but little TO the
individual members. was as follows;
Washington. -. C.. April 3. 1912.--I
To the Honorable ---- ---: As you
know under similar circumstances as
the present IL Is customary for the
same legislature Immediately 10 re-
elect the senator drawing the short
torn. I hope you can see your way
clear 10 assist in securing Joint
4
cannot see whore partisan politics
should enter into my recollection now.
Make Il unanimous ana your district
can command me. (signed)
"A. B. FALL"
Friends Of Senator Fall state that
he expects 90 leave Washington as
soon as possible and return 90 New
Mexico. The telegram which was re-
ceived here today came 90 Democrats
as we'll as Republicans.
That the present session can elect
a senator TO take Office az the eXpira-
tion OF the short Term In 1913 Is the
assertion made by prominent mom-
bers of the legislature who are at
torneys and by members of the bar.
There is nothing In the cOnstruc-
tlon nor In the laws OF the state or
of the United states 10 prevent this
session OF the legislature from elect.
ing a senator 20 take the office held
by Senator Fall at the expiration OF
his term in 1913 or of re-electing
Judge Fall" said a legislator today.
Il have looked into the matter thor
oughly and know that the law Is
clear on the subject. In some of the
states--take for instance Georgia.
senator has been elected three years
In advance Of time for taking Office.
Some OF the ahlest attorneys In the
United States senate have passed up
ON this question and have held that
such an election Is absolutely legal.
The law does not specify the session
at which such election shall be made,
but Il does specify that the legislators
last elected, prior 20 the expiration
of the term OF Office OF United
States senator shall elect the success
sOr. This legislature will elect tho
senator who will take Office after the
1913 term expires aad Il does not mat
ter whether such election takes place
at this time. al d special session Ia
the interim or al the regular term In
January or February of next year"
But there IL no gainsaying that the
matter has brought up a question OF
law that Is broad and wide. While In
some states. Il is said that the Neu-
preme courts have held that the legis-
lature held Just prior to the expiration
OF the term, shall elect, still In other
states such election has been held
years In advance OF any vacancy, but
by the same Legislators who had not
yet served their full term In the leg
islature. This will be the case In New
Mexico, but another nice point Of law
arises over the question Of the four
members now under suspension on
charges OF bribery. Should those
four men be unseated, Il might make
difference of four votes on SEN
atOrial contest and hence that might
render Il necessary TO await tho next
regular session before holding an
election,
That the senatorial question, how
ever will not down, Is shown by the
conversation of returning legislators
who discuss the matter freely. Should
the demand come before the lesisia.
ture for a preferential primary law
bearing an omergenCy clause, it would
undoubtedly preclpltate senatorial
contest at once, especially so, were
any OF the recent candidates 90 object
10 that method of procedure.
Governor Mcdonald a. not here and
the question arises as 10 what action
be would take with respect 10 such a
law. Il is belieyod by iis sup.
Eorters that be- would not veto such
a bill. since many OF the Democrats
are said 70 favor thar method OF pro.
cedurc.