Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-04-13
BACON'S RIGHT
TOSENATESEAT
OPEN To DOUBT
Legality of the Vacancy to Which
He Was Appointed Is Ques-
toned by Many,

WASHINGTON, April IA dis
tinctly new and disquieting turn was
given the question of Senator Bacon's
title to a seat in the United States
Senate, now that the popular cleo
tons amendment TO the Federal Con-
stitution has been ratified, when the
point was tentatively raised to-day by
a Senator in one of the cloak rooms
that Senator Bacon might even now
be sitting in the Senate without legal
authority, and that in certain circum-
stances that right might be success
fully challenged.
It is agreed that Senator Bacon will
have to go before the people of Geor-
gia for election to another term, and
that such election win have to be held
and the returns canvassed during the
forthcoming session of the General
Assembly, or a vacancy unquestion-
ably VIII result.
If this election is held within the
time limit suggested, Senator Bacon's
continuity of service viii be pre-
served, and his committee assign
ments and rank be preserved, pro-
vided the more serious question Of
his immediate right to sit in the Sem
ate is not urged successfully against
him.
Doubt Governors Power.
There are legal authorities of weight
in the Senate who hold that the right
Of a Governor to appoint applies only
when a Senatorship has been vacated
by death or resignation during a re-
cess of the Legislature.
Senator Baeon's term in the Senate
expired on March last, and he was
appointed to the seat thus vacated
pending the election Of his successor
by the Legislature in. July In other
words, Georgia was absolutely minus
one Senator when Bacon's term ex-
pired, and the vacancy" thus Gre
ated was, within the meaning of the
law, not really vacancy at all
The fact that this situation has
arisen before in the case OF Georgia
is not regarded as proof positive that
IL Is 4EkdAs II Is dAlhlltCQ ludL q DEeC-
edent has been established but IL Is
not and never has been admitted that
the precedent is binding necessarily.
He Might Be Challenged.
The danger that some Senators see
I'm the present crisis is that in case
"a close vote should be taken in the
Senate, some member might question
Mr.. Bacon's right 10 a seat on the
floor, on the ground that his creden-
tials are not sufficient, in that she
commission given him by the Gov
ernor of Georgia does not make him
legally a member of the Senate.
Unless the question Of Bacon's
right to seat comes up in some such
way. il likely win never be raised
formally, for the majority party N
tho Senate Is not inclined to make
point against him of its own motion.
Senator Kern, discussing the mat
ter said:
Senator Bacon is a member Of the
which he presented from the Gov
sluor were accepted without question
and he took the oath.
Could Be Saved by Senate.
"Df course, the Senate can always
so back Of such action, but l do not
think x would be brought up. II II
were. ] have no doubt he would be
recognized as Senator de jure.
The question if formally raised IN
the Senate. would be referred to a
special committee, and the committee
could, if necessary, take two years or
more 90 reach a conclusion. That
would give plenty Of time for Senator
Bacon 70 be properly elected"
The Senate alone is the final judge
Of the qualifications Of its own mem
aership. and it might take care of'
Senator Bacon arbitrarily, by post
Ionement Of action. or otherwise. as
T. saw fit. but even at that. there IS
always the possibility that the even
Lual decision might be adverse to the
senator's right TO sit now, and COM
plcations, at best, can be looked upon
merely as improbable rather than i'm
rnr.lLI-