The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1913-12-13
THE ALABAMA sENAToRsHIP

Although the weight of opnic.
seems TO rave gone against the right
of Gov. O'Neal OF Alabama, to app IN
successor to the late Senator aoin-
ston in such informal consideration as
has been given the matter-for 1t has
not yet come beforte the senate for
Judgment-an excellent case is made
out for the other side OF the conten-
ton, which viii be urged to the seat
ing CT MIR. Frank p. Glass, now In
Washington to present his credentials
to the senate. An argument favorable
to Mr. Glass title. made by the New
York Times, is very impressive and
puts new light upon the validity OF
executive appointment TO vacancies &C
curing in seats held by senators who
were elected before the adoption and
ratification CT the seventeenth amend
ment to the federal constitution, which
prescribes that senators shall be chos-
en- by popular vote.
The final clause of the amendment
provides that this amendment shall
not be so construed as to affect the
election or term of senator chosen
before Ii becomes valid as part of the
constitution" Senator Johnston was
elected In 1909 and his term would
have expired In 1915 The amendment
cannot be construed as affecting the
election or term" OF Senator Johnston.
fife Times argues that the election
of Senator Johnston could not, of
course, have been called into question
and also that his term more than a
year of which is by his death. left un,
expired, Is not affected either and that
the right of appointment to fill it rests
with the governor, despite that portion
OF the amendment which prescrbes:
when vacancies HAPPEN in the rep
resentation OF any state in the senate,
The executive authority Of such state
shall issue writs OF election to MI
such vacancies; provided, that the leg
isiatiure of any state may empower
the executive thereof to make tempo
tary appointments until the people iii
the vacancy by election as the legisla-
ture may direct
Under this provision it has been
oontended that the governor of Ala
baiua had but two courses open to him
either to issu2 writ OF election or to
call an extra session OF the legislature
and recommend to 1t the passing CT
an act conierring upon the executive
authority TO make temporary appoint
ment of senator until popular elcc.
ton could be held to I'LL the vacancy.
But the Times holds that the reason
able, the natural and the inevitable
construction of this portion of the
amendment rs that it applies to the
permanent provisions OF the new sec
ton of the constitution, so to speak,
that Is To say that 1T refers to cleo
lions To be held in all coming years
when the amendment has been In or
feet for so long n time that no senator
ial term Will have had its beginning in
a year prior to the time when the
amendment became valid" Ii points
out that the Alabama legislature
meets but once in four years and viii
not be in session regularly again until
1915; that before 1t convenes there
are some twenty seasts to be filled by
special election; that IL an extraordi-
nary session is held it Is not imprcba-
BILE that popular election would be
ordered and that this would choose a
senator for only a little more than
year, the filling Of this short term cost
Ing the people of Alabama PERHAPS as
much as 100000 heavy burden to
impose upon the people OF state for
the satisfaction of all uncertain tech
nicaluy.
In all interpretations of the law the
intent CT the enactment must be con.
sidered, aud II is not reasonable to
suppose that the trainers of THIS
nor the various corstitti-
eneies that enacted 1t intended to Inn
pose any such hardship and burden
upon state MS would be involved in
the case OF Alabama holding a special !
election, alter the prellminaries nec2s
sary as shown, and Il is fair deduc-
tion that the provision for executive
appointment was made to cover just
such such situations as this that has
arisen in Alnbaua