The Sentinel=record., 1913-03-20
POLITICIANS ARE ARE PRESENT PRESENT
Court Room is Packed to Hear Att torneys Discuss the Question of Who is Governor of State
 at This Time.


 Ut was a crowded court room that witnessed the arguments over the glfbernatorial tangle "Wednesday wnen the state supreme court list ened for over two hours to the pleas of counsel for and against the re-
 tention of the actingrgovernorship by Senator w. K. Oldham. PoliticiaQs were here from all over the state. many senators and members of the house. and the majority of statelouse officials attended the hearing. The full court sat in the case, and no question, not even barring the many that arose. over the new state capF tol controversy claimed closer ate tention from the court.
 It is plain that politicians are in' terested in the outcome, and quite naturally, too, since the claimants to the office represent very different political views on many matters. Sen ator Oldham is presumed iu 55 line with the policies of former Gov ernor Robinson, while Senator ]. M, FutreIl the other claimant, repre- sents largely the sentiment which opposed many of Robinsons policies.
 So far as the argument itself was concerned, both sides presented an able case, although 1t appeared after the case had been argued and rom the many who were sounded as to their opinion, that sentiment Is i'll favor of the Futrel contention, as regards tine bar generally.
 The court itself. of course, gave no hint as to it's possible conclusioh and at the end of the argument made no statement as to when decision would probably be reached.
 'sThe sheriff will adjourn the court until next Monday morning. was the laconic remark of Chief Justice Me. Culloch, when the attorneys had concluded their arguments. Hence. it is certain that no decision will be handed down before that date.
 However two members Of the court questioned counsel for Senator Oldham rather closely on several of the points, especially the contention that Senator Oldham had tfs right to hold on as acting governor and really as president of the Senate un- til his term of office expired. The questions did not indicate agreement with that contention. however, the court carefully avoided showing any leaning either way
 George B. Rose and J F. Loughbor ough Of tine firm Of Rose. Hemines way. Cantrell and I,oughborongh, ar gued the case from Senator Oldham's side. while w B. Smith and Col. John M. Moore. of the firm of Moore. S,...s4o o...s xf1xwo -,nnrasarfad Cana. tor Futrell's contention.
 The main contention by counsel for Senator oldham was that the consti- tuition provided for the president Of the senate at the time the vacancy occurred acting as governor for the remainder of the term. in order to prevent confusion in the office and to pevent a majority of the legislature dictating wao should be governor or changing the governor at will, as may occur should the right as governor attach merely to the office of pres ident of the senate.
 It was also claimed that Senator Oldham had the rieht 10 act. not an- lv until the end of his term. which would be September. 1914. but until his successor should be elected and qualified, which might be until tae meeting of the Senate, and will be until his term as Senator expires. and after that time he will be lieu tenant governor. even though not n Senator, until the vacancy is filled: that past legislatures nave Tecoeniz- ed the right of the old president of the senate to preside at extra ses- sons, although another president had been elected at the end or the reg ular term.
 This contention was stouflv oD3os. ed by Futrells counsel. on the ground that the president of the Senate IS acting governor because he is pres- ident of the senate; that there can not he two presidents of fine senase at the same time, and that 1t was manifestly the intention of tho con- siitution to make the now nresident of the Senate's term begin from the 'close of the regular session. no mat ter what former practice might have been. Moreover. it was declared ifaat the contention that there would be confusion is absurd. since the major- tty of the senate would be no moro apt to be wrong than would fov- ernor. who might have some utter tor motive to serve in resigning he- fore the term Of the old senate presI- dent exrired.