The Birmingham age-herald., 1913-08-15
Gives Out Opinion Rendered
to Sustain Contention
Made in Appointing
Clayton
PROVISIONS OF THE
nth AMENDMENT
Governor Declares Only Two Senator's
Wired He Should Secure Author
ity From Legislature-Brick-
ellis Opinion Exhaustive

Montgomery, August 14.-(Special.)
In view of the press reports from
Washington to the effect that Repre-
sentative Henry D. Clayton was ap-
pointed United States Senator from
Alabama regardless of the advice of
every democratic member of the Sem
ate, Governor O'Neal today issued a
short statement to the effect that the
only kilograms he has received from
Washington since the death of Senator
Joseph r. Johnston were from SEN
ators John w. Kern and Senator e. NJ.
Simmons. both of whom suggested that
he should secure authority from the
legislature before filing the vacancy.
simultaneously with his statement
relative to the advices which he has
received from Washington In regard to
the senatorial situation, the governor
authorized the publication of the opin-
ion of Attorney General Robert 4.
Brickell, advising him that he had the
power to appoint.
The opinion of the attorney general
goes into a complete analysis of the
situation and contains citations from
many legal authorities and cases rel
ative to the appointive power.
In order to prevent any state from
being for any length of time without
its proper representation in the Sem
ate" says the attorney general, lit was
provided by section 8 of article l that
the executive of the state might make
temporary appointment until the next
meeting of the legislature and the
seventeenth amendment has provided
for like purpose that the legislature
may empower the executive to make
an appointment until an election by the
people,"
The attorney generals opinion is as
follows:
Attorney Generals Opinion
'Hon Emmett O'Neal Governor, Capitol:
Dear Sir:-Your letter requesting me
10 advise you as to the course you should
pursue in reference to the vacancy in the
Senate of the United States of America,
caused by the death of Hon. Joseph +.
Johnston, one of the senators from this
state received.
In determining this question, 1t is
necessary to consider and construe the
seventeenth amendment of the constitu-
tion of the United States, which is as
follows:
The Senate of the United States shall
be composed of two senator's from each
state, elected by the people thereof for
six years, and each senator shall have
one vote. The electors in each state shall
electors of the most numerous branch of
the state legislatures.
i''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 fill such vacan-
cies; provided, that the legislature of any
state may empower the executive thereof
to make temporary appointments until
the people fill the vacancy by election as
the legislature may direct
This amendment shall not be so con-
strued as to affect the election term of
any senator chosen before it becomes
valid as part of the constitution
I'm connection with section of article
] of the constitution, which it amends and
also in connection with article of the
constitution. which provides for and au-
tbcrizes amendments TO the constitution.
with the restrictions That no state with
out its consent shall be deprived of its
equal suffrage in the Senate
THE primary purpose of the seven
teenth amendment of the constitution was
to change the method of eecting sena-
tors, and to provide for their election by
the people direct instead of by the legisa-
lures of the several states, and also to
provide for the filling of vacancies which
occur where the senator has been elected,
and to provide for the filling of such
vacancy by the people in such manner
as the law may provide, instead OF by the
legislature at its next session as was
provided by section of article 1.
TN order to prevent any state from
being for any length of time without it's
proper representation in the Senate, it
vas provided by section of article that
the executive of the state might made a
temporary appointment until the next
meeting of the legislature. and the seven
tcenth amendment has provided for
like purpose that the legislature NAV
empower the executive to make an ap-