The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-08-14

yidine for a special election to NIL out
the unexpired' term would have been
taken care Of later.
Democrats in the Senate were very
much disappointed that the Governor
did not see Mt to act on their suggestion.
Some of the Alabama politicians charged
that the Governor was eager to give Mr..
Clayton the prestige of the temporary ap-
pointment, to assist him In his race Tor
the Senate when the special election comes
on. Some criticism was aimed at this al
legged preference to Judge Clayton.
Governor Acted Hastily.
Among a few Senators there was dis
position to ascribe to the Governor TIE
motive simply OF filling the vacancy as
quickly as possible to meet the ext
sencies of the tariff situation In the
Senate. and that in making the appoin.-
ment he relied on the Alabama coce.
which already has given him broad
authority to call special elections to hli
any vacancy arising in an elective once
IN the State. Even Senator Bacon ad
mitted yesterday that this feature OF the
Alabama code had raised some doubt in
the minds OF a number OF Senators IS
to whether the Governor did not have au-
thority to call a special election. without
waiting for the Legislature to specially
authorize him to do SO. But even
Alabama code could not justify an ap-
pointment by the Governor.
There is an understanding here tfat
the Governor relied on the language Of
the last paragraph of the new amerf.
ment. which is as follows:
This amendment shall not be 30 con-
strued as to AFFECT the election or term
Of any Senator chosen before it becomes
oil ~ Constitution,
The words "or term" furnish the
ground for assuming that the Governor
Vas justified in making the appointm snt
and is based on the theory that the
word term as used in the amendment
refers TO the full six-year term for
which Senator Johnston was elected.
Maryland Also Involved.
II was learned yesterday that prob
ably a majority of the Senators believe
that the special election which has been
called by Gov. Goldsborough in Mary
land to elect a successor to the late
Senator Rayner. and who will succeed
Senator Jackson, who is serving under
an appointment from the Governor, is
invalid. and the man chosen at that
election probably will not be seated by
the Senate. This is based on the ground
that the Governor did not have author
ity from the Legislature to call the spe-
cial session.
Senator Dillingham;, who comes up for
reelection in Vermont. and who Is the
ranking Republican member of the Priv
ileges and Elections Committee, has ad-
vised Republican managers in his State
to see that a session of the Legislature
is called to make the necessary arrange
ments for the election.
Senator Bacon of Georgia expressed
the opinion that il was necessary for
the various State Legislatures to pass
legislation authorizing and providing for
the elections to choose Senators before
such elections would be valid. He ex-
pressed the opinion that the action of
the Governor of Maryland in calling an
election for Senator was unauthorized
and would be invalid.
Senator Bacon considered the question
very thoroughly in connection with his
own election to the Senate. He had been
practically assured OF an election by the
Legislature before the constitutional
amendment was proclaimed. But after
it was proclaimed II became necessary
to have an election. The Governor stood
ready to call the election, but Senator
Bacon requested him first to convene the
Legislature to make the necessary au-
thorization for the election.