The Birmingham age-herald., 1913-08-17

is the most conspicuous illustration OIL the
gross notification Of plain constitutional
provisions that has been presented to the
public mind for long time.
Lawlessness In the present age manitests
itself in two striking forms, In two sharp
ly contrasting classes of people. the one
more or less blind and impulsve, the
other more or less intelligent and shrewd,
The former is the usual direct metnoa
pursued by the ordinary criminal. who
violates the law and hopes to escape
personal discovery and Identification. The
latter is the indirect but favorite method
of the cunning exploter and willy politi-
clan who seeks to bend the law and the
political emergencies of their country TO
promote their selfish purpose or relieve
the legal and political exigencies of a
critical and uncomfortable situation.
The Hon. John B. Knox, throwing
the mantle of sweet charity over the
stalwart shoulders of Alabama's dis
tinguished executive, is reported to say
that the legal and political blunder of the
governor of the state is due to bad ad-
vice and bad advisers or gubernatorial
official action at important .junctnres" of
public affairs. This view is certainly
benign and charitable on the part OF Mr..
Knox, whose able services to the state
In the past and to the governor are well
known. The provisions of the seventeenth
amendment to the constitution are pialn
and clear. The history of its purpose. It's
spirit, its scope, and its adoption is
matter of recent occurrence, and should
be a part of the mental furniture OF every
public man in the state and country.
In this case, pre-eminenfy, Ignorance
of the law is no excuse for its violation.
1t is depiorable that the governor of Ala
bama, man of extraordinary ability,
brilliant, natural aptitude for public at
fairs and conspicuous individuality OF
opinion, should have become the victim
of unfortunate advice at this 'Juncture
of state and national interests. The stars
in their courses seem to be lighting
against the empire states. north and
south, in this odd year of our Lord 1873
The attorney general of the state in adj
vising the governor of his power TO APP
point senator has labored long and
hard in a learned and self-contradic-
tory opinion to restrict the meaning ana
nullify the explicit provisions of the
seventeenth amendment to the constitu-
ton of the United States.
The natural inquiry arises in the mind
of every thoughtful citizen as to how the
able executive of the state could have
fallen into such an egregious blunder in
constituting plain provisions of constitu-
tional law. 1t was all plain sailing for
an unbiased legal mind: The governor is
a man of unusually strong natural and
legal capacity. Legally speaking, there
was nothing to do but to call the legsa-
ture together so that they might pass
such legislation as was necessary TO give
F.4sax
ular election of United States senators
and empower the executive Of the state, II
the legislature deemed II wise. to make
a temporary appointment until the peo-
pie should fill the vacancy by election
as the legislature might direct.
The Legislature may or may not en-
power the governor to make temper
airy appointment. The legislature is the
trustee of the people in that matter and
should have been allowed to discharge the
trust. The governor had no right to APP
point a senator until directed by the
legislature to do so.
The governors mistake is plain, clear,
palpable and conspicuous. He has acted
and strenuously upholds the Legality and
propriety of his action after mature re-
Election. The majority of. thae Senate
In Washington have been placed in an
embarrassing situation. They cannot af-
tion by seating senator whose commits
sion is of questionable legality. If they
did they, too, would be recreant to the
duties and opportunities of the hour.
Obedience to law is as binding upon
a governor or United States senator as
it is upon the humblest citizen of the
land. These high officials should be ex-
amples and models of intelligent and
prompt compliance with the law.
After all, the vital, the permanently Inn
pCrtant question Is, are the people OF Ala
bama going to condone, indorse or stand
for this bold. audaeious, deliberate usur-
patton of authority on the part of the chief
executive by approval or apathy2 We do
not believe the people will fail to re-
prove sharply this gross and reckless
violation of law and popular rights.
What are the relevant fads in the case?
What were the provisions of the constitu-
ton prior to the adoption of the seven
teenth amendment? What are the provis-
ions of the constitution under the seven
tcenth amendment? What is the law of
the land on the subject now in this good
year 1913?
Let us look at the original constitu-
tional material on the subject not at the
befuddled and befuddling second hand ma
terial on the subject. Let us construe
that original, source material according to
common intelligence and common sense.
Section g. article I of the constitution
of the United States reads:
'eThe Senate of the United States shall
be composed of two senators from each
state chosen by the Legislature thereof
for six years, and each senator shall have
one vote. And If vacancies happen by
resignation or otherwise during the recess.
of the legislature of any state the execu-
tive thereof may make temporary ap-
pointments until the next meeting of the
legislature. which shall then fill such va
canoies'
The seventeenth amendment of the con-
stitution of the United States, the new
law on the subject of the election of
United States senators, prescribes clear
ly the duties of the governor and the
legislature and the rights of the people In
filling vacancies that happen in the repre-
sentation of any state in the Senate and
reads as follows:
be composed of two senaors 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 the cleo
tors of the most numerous branch of the
state legislature.
when vacancies happen In the repre-
sentation of any state in the Senaterthe
executive authority of each state shall
issue writs of election to fill such va
cancies; provided that the legislature of
any state may empower, the executive
thereof to make temporary appointments
Ii THE wv Yrn