The Washington herald., 1913-08-25
Much Depends on the Ala
bama Senatorship
Dispute.
EVERY VOTE IS NEEDED
Senator Robinson Believes the Seven
teenth Amendment Gave Gov. O'Neal
Right to Appoint H. D. Clayton.
BY SENATOR JOE t. ROBINSON,


deceased, of Alabama, was presented by
Senator Bankhead.
The controversy arises over the au-
thority of Gov. O'Neal to appoint Mr..
Clayton. No question as to the quail
fications or fitness of Mr.. Clayton will
be raised. He has served for sixteen
years in the House of Representatives,
where he is now one Of the Democratic
leaders, being chairman of the judiciary
Committee, and formerly chairman of
the Democratic caucus in the House
Interest in the question is the more
acute because of its indirect bearing
on the tariff bill. The Democratic ma
jority in the Senate, II Mr.. Clayton be
not seated, will be only five. Senator
Culberson of Texas has been seriously
I'll for several months and It is not ex-
pected that he will be able to attend
and Tote on the final passage of the
bill.
1t is a we'll known fact that neither
of the Louisiana Senators will vote for
the measure. Both Senators RansdeIl
and Thornton have repeatedly an
nounced their intention TO vote against
IT because Of the removal of the duty
on sugar. Senator Newlands is known
TO be opposed to free wool, and II he
should join the Louisiana Senators
IOItt d uulN OH sugar ana
wool or defeat the bill in spite of the
Vice President. In case of a tie Vice
President Marshall would unquestionably
support the administration program. II
is therefore apparent that unless Mr..
Clayton is seated material changes in
important schedules may be adopted or
the bill endangered.
Text of Amendment.
The amendment to the Federal Con-
stitution providing for the election OF
Senators by the people of the respec-
tive States is as follows:
The Senate of the United States shall
be composed of two Senators from each
State, elected by the people thereof for
six years, and each Senator shall have
one vote. The electors in each State shall
have the qualifications requisite for cleo
tors Of the most numerous branch of the
State Legislatures.
When vacancies happen in the repre-
sentation OF any State IN the Senate, the
Executive authority of such State shall
issue writs of election to ill such va
cancies, provided that the Legislature oil
any State may empower the Executive
thereof to make appointments until the
people fill the vacancies by election as
the Legislature may direct.
This amendment shall not be so con-
dS 10 dHetl IuG eleCIlOn term
Of any Senator chosen before it becomes
valid as part of the Constitution"
The Governor Of Alabama, upon the
death Of Senator Johnston, assuming to
act under the Federal Constitution, ap-
pointed Mr.. Clayton to fill the unexpirel
term of Senator Johnston on the theory
that the new amendment does not apply
because OF the last clause which exempts
the election or term of any Senator
chosen before the amendment became
effective.
Senator Johnston was chosen before the
amendment providing for the election o.
Senators by popular vote became effect
i've. The question involves the construc-
ton of the new amendment, and espc-
cially the last clause. Had Gov. O'Neal
convened the Legislature in eXtraordi-
nary session no question as to the valid
ity OF Mr.. ClaytOn's appointment could
have arisen IL that body had conferred
on him the authority to make the ap-
pointment The Governor of Alabama,
however. has SO far declined to pursue
this course, and has chosen to construe
the new amendment as authorizing him
to appoint I successor to a deceased Sem
ator, Senator Johnston, chosen before
the amendment became a part Of the
Constitution.
Depends on Construction.
The Senate is thus called upon to con-
strue an amendment to the Federal Con-
stitution which was debated for many
months in that body but a short time
ago. 1t may seem singular that the am
biguity in the amendment was not dis
covered during the debate.
There is no authority directly in point.
The Senate precedents, of course, embrace
no case closely analogous, the constitu-
tional provision having been but recently
adopted and Mr.. Clayton's case being the
first that has arisen under 1t.
The words term of Office" have a fixed
and definite meaning. They have been uni
formly construed by the courts as ap-
plying to a fixed period of time and in
the case of United States Senator would
ordinarily mean six years; that is, the
term Of a Senator does not end with his
death or resignation, but continues until
the end Of a six-year period.
While as above stated the words term
of ONCE have never been construed in
this exact connection, the writer has
found no case which would authorize
any other construction. Unquestionably
the last clause intended to relieve any
Senator chosen before the amendment be-
came effective from its operation. By its
provision Senators already in office were
entitled to serve to the end of their re-
spective terms, but in the case Of the
death of a Senator chosen before the
became effective it is contend
ed by some that the word term as used
in the amendment does not apply. Study
ing the subject carefully no reason ap-
pears for this latter construction and
many arguments exist in favor of the
usually given the word.
The Language Used.
The language used is: This amend |
ment shall not affect the term
Of any Senator chosen before 1t becomes |
valid as part of the Constitution II |
the word term is used in its ordinary
sense the Governor of Alabama had au- |
thority to appoint Mr.. Clayton because |
Johnston's term did not expire |
with his death and will not terminate |
until the end of the six-year period In |
order to deny Mr.. Clayton seat in the |
Senate the word term must be given an |
unusual meaning. Is there anything in !
the language of the amendment consid- |
sred as a whole which warrants an un- |
usual construction?
May II not be fairly said that Con- |
gress in framing the seventeenth amend
ment used the word, term in its ordinary
sense and had in mind the construction
placed upon 1t by the courts? Many of
the State LegislatI res meet only once in
four years. In many Of the States gen.
eral elections are held only once in four
years To convene a Legislature In ex-
session occasions great ex-
pense and inconvenience. The same is
true Of holding special elections. Why
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