The Birmingham age-herald., 1913-08-15
If Senate Itself Hesitates
O'Neal Can Call the
Legislature at Once
ALL CAN BE DONE
WITHIN TEN DAYS
Senator Leaving for Washington and
Will Formally Present Clayton's
Credentials Either Saturday
or Monday

II am of the opinion that Henry Clay
ton will be seated within 10 days"
This was a statement made by Senator
John Fl. Bankhead as he passed through
Birmingham yesterday at noon en- route
to Washington.
Il am still convinced that the governor
had the legal right to make the appoint
ment, and even If it is ultimately deter
mined that In the opinion of the majority
of the members of the Senate he had no
such right. then l am still imbued with
the idea that the most expeditions method
of determining the problem was by maxi
ing the appointment
Senator Bankhead was most confident
in speech and appearance. He will reach
Washington Saturday morning, and will
present Mr.. Clayton's credentials either
tomorrow or Monday He will. while pre-
senting the credentials make a state
ment in regard to the opinion held by Ala
bama jurists, and will later in all proba-
bility be called upon by the committee on
privileges and elections to make a detailed
explanation.
Republicans Will Cause Delay
I'm considering this matter" stated Sem
ator Bankhead, 1--WE may go upon the pre-
sumption that with the vote in the Sem
ate as close as 1t is, the confirmation of
the new senator, 1t matters little in what
might hhpn
achieved, would have been opposed by the
republicans This would have caused a
great delay. The republicans would have
thrown obstacles in the way had there oc-
CURED a special election, or had the gov
ernor made the appointment following
special term of the Legislature. Every ar
gument would have been brought to bear
with the general object in view of secur-
ing delay. The vote is close enough to
keep the republicans always full of hone
that something might occur TO prevent the
passage of the tariff legislation.
Now, there is the chance of the Sen
ate seating Mr.. Clayton at once. But in
case he is not seated at once, what will
occur? Why the matter will be referred
to the committee on elections and prtvi-
leges If the members of the committee
are as unanimously of the opinion as the
newspapers would have us believe, that
the appointment of Mr.. Clayton was un-
constitutional then 1t will require those
members but a very few moments to give
notice that Clayton must not be con-
firmed Then we will ask the Senate for
instructions. What shall we do, Senate?
And we will in all probability be told
that the governor should call the legis-
lature in extra session for the purpose
. "a inint
luton authorizing him to make an ap-
pointment pending the arrival of a date
for a special election.
Pledge Seat to Clayton
when we are 80 notified, we will have
pledged the Senate to seat Mr. Clayton
without a struggle after the governor has
followed the instructions of the Senate.
Then we will telegraph the governor.
Then the governor will assemble the leg
islature for the specific purpose of secur-
ing the passage of the joint resolutions.
On account of the fact that nothing else
will be contemplated in the call save the
passage of this resolution II will not be
matter of such Importance as TO waste
time in the filing of legislative vacancies.
The governor convene the legislature
in three days. The legislature Is already
organized. The resolution can be instant
ly presented and instantly voted. There
will be no necessity for the preparation
of bill for the joint resolution will be
Just as effective.
'',Then the governor will telegraph the
Senate that he has appointed Mr.. Clayton
and that his credentials are en- route.
Mr. Clayton will be instantly seated.
80, even If he Is not seated on the
authority of his present credentials, there
seems to be reason In my contention that
he will be seated within period of 10