Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-11-07
Republicans to Make Deter
mined Fight on Validity
of His Election.
MARYLAND'S CONSTITUTION
VIOLATED, 1T is CLAIMED
Legislature Did Not Authorize Elec-
tion-Case Somewhat Simi-
lar to Clayton's.

A determined fight on the validity of the
election of Blair Lee as senator from
Maryland u being planned by some OF the
republican senator's. 1t was learned today.
They hold that Mr. Lee was elected with
out the state legislatures having given
authority for holding such an election.
contrary to the constitution OF the state
of Maryland. The Maryland constitution.
II was said, provides that the legislature
must specify by act the term and office
of all elections.
Mr.. Lee was elected at a general cleo
zion. il is commended. the office of senator
being added to the regular ballot without
any authority from the state legislature
Senator Jackson, the incumbent. is a
republican, and Senator-elect Lee Is .
democrat.
May Delay in Taking Seat.
The indications today are that Senator
elect Lee will not take his seat in the
Senate until after the meeting Of the state
legislature in January.
Even if his credentials OF election are
presented to the Senate. it is believed
that the Senate will hold that Senator
Jackson shall not be disturbed in his
office and shall complete the term for
which he> was appointed by Gov Colds
borough.
As a mi utter of expediency, however. it
IS believed that the question will not be
raised in The Senate itself, even IL 1t Is
submitted TO the Senate committee on
privileges IND elections, until after the
completion of the consideration of the
currency bie The Democratic leaders
are doing a.N In their power to hurry
along the cur rency bill in ahe Senate.
Should the committee on privileges and
elections max report to the Senate on
the Lee-Jacks ton matter. 1T would be-
come a matte.y OF the ha hest privilege,
and senator's who opposed the currency
bill would be s: vt liberty tp speak when
ever they desir, I'd and at amy length trey
desired on the Natter of Sc iting Mr.. Lee.
Such a discussi, sn. 1t is believed. would
run to great lengths in thu, Senate, and
might seriously delay the consideration
of the currency measure.
Similar to Clayton. Case.
When the appof ntment Of Representa-
tive Clayton was pade by the Governor
Of Alabama to sue ceed the late Senator
Johnston of Alabal ia several weeks ago
the matter was al lowed to slumber In
committee for fear of interfering with
the passage of the t. riff bill.
1t does not appea probable that the
currency bill will be, di disposed Of finally
by the Senate until tn latter part of
December or the frs Aoart of January.
even without the int rja ction of the dis
cussien Of the Lee cleo hon.
An interesting quest or, was raised to-
day as to whether Sena "a r Jackson's term
OF Office would really end with the first
meeting OF the state Leg stature IN jan
uary. or whether he woyl be entitled to
serve until the close of the legislative
session. He has been app 1ointed by the
governor TO serve until l ne legislature
elects lis successor. or q nth the close
Of the legislature.
Az the legislature viii be poWerless to
elect his successor under the new law,
n b held by some Senator Jackson may
serve until the legislature ad5ourns the
last Of March, 1914 In the )ast the Sen
ate has had this question , ut up to II.
and il has held that the sen ator holding
ONCE under appointment by he governor
should serve until the end Of the meeting
of the state legislature. shout d the legis-
lature fail to elect in the mea ntime.
Wherein Gases Difftr.
The case of Senator Jackson and that
of Mr.. Clayton differ in the fact that Sen
ator Jackson was appointed anti took his
seat before the constitutional amendment
calling for the direct election Of senators
became effective, while Mr.. Clayton was
appointed to fill vacancy which occurred
after the amendment had become ef-
fective
Those senators who supported the right
OF Mr. Clayton to take his seat in the
Senate, and among them We're a number
amendment was not designed to affect