The Birmingham age-herald., 1913-08-21
Awaiting Senate's Action in
Clayton Case. Before Con-
sidering Other Course
DECLARES MATTER is
NOW OUT OF HIS HANDS
Should Occasion Arise Prefers Special
Election Rather Than Special Ses-
sion-Preparing Reply to
Hobson's Statement
BY L. s. RErTY

Montgomery, August 20.-(Special )-Un-
til the Senate of the United States has
taken some definite action with respect to
seating Representative Henry D. Clay
ton, Governor O'Neal will consider no
other course looking to filing the vacancy
in that body occasioned by the death of
the late Senator Joseph f. Johnston.
Positive expression to this effect was
given by the governor today after he had
read Senator Bankhead's statement that
the Senate would probably not confirm
Representative C1aytons appointment.
The governors comment on Senator Bank
heads statement was brief, and showed
that he is still of the opinion that he had
the power to appoint Senator Johnston's
successor, and that he will continue to
hold this opinion until the Senate has de-
cided otherwise.
Governor o'Neal statement is as fol-
lows:
when appointed Mr. Clayton / did 50
upon the advice of eminent counsel that
had the right and that it was my duty to
thus fill the vacancy occasioned by the
death of Senator Johnston. I am still
firmly of the opinion that Mr. Clayton's
to SO believe until the Senate holds other
wise. 1 do not anticipate such holding
by the Senate and 1 shall not, therefore
at this time consider any other course"
No Other Course Determined
Governor O'Neal has not determined
what other course he will pursue should
the Senate refuse to seat Representative
Clayton, though it is more than likely that
he would consider ordering a special cleo
tion rather than assembling the legisla-
ture in session. The governor has several
times indicated since the appointment of
Mr.. Clayton that he would follow this
course should the Senate decline to COLI
firm his appointee, and unless very strong
pressure is brought to bear upon him to
convene the legislature in session. or un-
less the governor is convinced that spe-
cial election would be Illegal, 1t is not be-
lieved that he would adopt any other
course.
The governor believes that the appoint
ment will be confirmed, hence he has not
yet given much thought to filling the sem
atorial vacancy by any other method. But
in the event the Senate refuses to seat
Representative Clayton. he considers that
he has two alternatives, that of ordering
a special election of calling the legisla-
ture into session Should 1t be necessary
for him to accept either of these alterna-
tiveS, the governor believes that a spe-
cial election would be the more expditious
method, inasmuch as there is considerable
difference of opinion among lawyers as TO
his right to call special session of the
legislature until the vacancies in that body
have been filed.
Should it be necessary to fill these va
cances. it would require from 40 to SO
days. probably, before the legislature
could meet, since it is required to give 80
days notice of special elections
Awaiting Senatorial Action
However, the governor is awaiting the
action of the Senate before considering
any other course. According to the ex-
ecutive. the matter is out of his
hands, and he does not consider it neees-
sary to anticipate any other course of ac-
ton until the Senate has either confirmed
or rejected Representative Clayton
The governor has been busy for the past
few days preparing an address to be de-
livered before the governors conference,
which NETS next week at Colorado
Springs TIL governor has also been en-
gagged preparing a reply to Representative
Hobsons statement that he did not tell
the governor at the Morris hotel in Br-
mngham that he had the power to ap-
point successor to Senator Johnston.