Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1913-11-28
Senate Committee Solves Senatorial
Election Difficulty.

The Senate Privileges and Elections Com
mittee reported favorably Saturday last
upon the Poindexter bill, as amended
providing that the present election ma
chinery of the States be employed in elect
ing Senators until new laws are passed by
the Legislatures.
This measure is not retroactive and
therefore does not apply to the recent Sem
atorial election in Maryland 1t has been
drawn, however. with the view to smooth
ing the way for Blair Lees admission to
the Senate and, if passed, it will fix the
Senates policy in favor of legalizine the
GoldsborOugh writ.
Assurance to this effect has been given
by Senator Walsh. of Montana, author of
the committee report and chairman of the
subcommittee that considered the Poindex-
ter and other bills affecting the emergency
election of Senators. He said:
THE bill we reported to the Senate does
not apply to the election in Maryland. 1t
does not work backward. 1t does, how
ever, express the view of the Senate Com
mittee on Privileges and Elections as to
the procedure which States should follow
in electing Senators to fill vacancies.
And the procedure which we prescribe
corresponds so closely to that which the
people of Maryland have already followed
that there can be no reasonable excuse for
Directing to Mr.. Lees election to the SEN
ate. If Congress enacts the bill reported,
the Senate must necessarily accept in good
faith the election in Maryland and receive
Mr. Lee into this body"
This statement, which reflects the views
of the Senate committeeman, Republicans
as well as Democrats, will make it COM
paratively easy for State Senator Lee to
assume his duties as Senator once he pre-
sents his credentials.
The bill as now before the Senate is as
follows:
THAT at the regular election held in any
State next preceding the expiration of the
time for which any Senator was elected to
represent such State in Congress, at which
election a Representative to Congress is
regularly by law to be chosen, United
States Senator from said State shall be
elected by the people thereof for the term
commencing on the 4th day of March
next thereafter.
THAT in any State wherein a United
States Senator is hereafter to be elected
either at a general election or at any spe-
cial election called by the executive thereof
to fill vacancy until or unless otherwise
specially provided by the Legislature there
of, the nomination of candidates for such
Office shall be made, the election to fill the
same conducted and the result thereof
determined as near as may be in accord
ance with the laws of such State regulating
the nomination and election of candidates
for member-at-large of the national House
of Representatives; provided, that in case
no provision is made in any State for the
case of the nomination or election of Rep
esentatives-at-large the procedure shall
be in accordance with the laws of such
State respecting the ordinary executive and
administrative officers thereof who are
elected by the vote of the people of the
entire State; and, provided further, that
in any case the candidate for Senator re-
ceiving the highest number of votes shall
be deemed elected"
A disposition has been shown in many
quarters to couple the Blair Lee election
case with that of Frank P. Glass, who was
appointed to the Senate from Alabama by
Governor 0'Neill. Leading lawyers, how
ever, insist there is no parallel They con-
tend that each presents questions which
must be weighed upon their individual
merits.
The credentials of Senator Lee, for in
stance. raise the question whether or moi
under the Seventeenth Amendment the
Governor of State may call an election
to fill vacancy without specific authority
having previously been given by the Legis-
lature. In the case of Mr.. Glass the SEN
ate must determine whether or not Gov
ernor may fill vacancy by appointment
without specific authority having been
given by the Legislature.