The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-08-20
THE SENATORIAL PROBLEM.

State. for we shall presently be con-
fronted with "a situation that has some
points in common with the Alabama
case.
| In Alabama on the death Of Senator
| Johnston, Governor O'Neal appointed
Representative Henry D. Clayton to
! fill the vacancy In Utah the vacancy
expiration of Smoot's term. and so the
/ Utah case differs in that feature from
| the Alabama case; but if the Governor
is allowed TO appoint in one case, he
might in the other.
| In the Alabama case il is held that
the Seventeenth Amendment, which IN
| itselr declares that il shall not be so
| construed as to affect the election or
existing term of any Senator, must be
| construed in that case as relating TO
| the term rather than to the individual;
and so, as Senator Johnston s term had
not expired the old rule that the Gov
ernor may appoint to a vacancy is held
| to be provided for and covered dis
tinctly in that amendment, which
makes the Alabama case resemble that
of Maryland.
In that amendment is provision
that the Governor may appoint in case
the legislature authorizes him TO do
so. But the Alabama legislature has
made no authorization, and so the ac
tion Of Governor O'Neal must rest
for its validity, in case it is held valid,
on the old rule Of appointment, and
specially relative to the "tcrm' of
Senator Johnston. which has not yet
expired. Senator Bankhead Of Ala
bama is evidently supporting the Gov
ernor Of his State in this matter, and
other Democratic Senators will un-
doubtedly come to the support OF that
proposition: for it is almost "ground-
hog case' with the Democrats to have
Mr.. Clayton recognized and seated as
Senator from Alabama. The death
Of Senator Johnston left the Democ-
racy with but one majority in the Sen
ate on the tariff bill, by reason Of the
detection of the two Senators from
Louisiana. Since then Sentar Culber-
son Of Texas has been taken to a SAINT
tarium for treatment so that the Dem
ocrats have no majority at all in the
Senate as it stands now. The admis-
sion OF Senator Clayton would give the
party one majority in that body. and
when Senator Culberson RECEIVERS they
would have their former majority Of
two; but the recovery of Senator Cul.
bersou, while Immediately hoped for.
cannot be entirely depended upon.
whereas the admission of Senator Clay.
ton would give them tho immediate ma
iority which they so much desire. We
Judge. therefore, that points will he
strained TO seat Mr., Clayton in the
Senate
The Utah case would rest on a df.
ferent basis from that OF the Alabama
case, as il would not be "happcnn -
vacancy, nor within term. Ours
would he case where the Senatorial
term expires and the legislature has not
precisely as the Alabama legislature
has made no enactment. II is doubtful.
therefore, whether the same precedent
would be held TO govern in Utah that
governs in Alabama, even though Mr..
Clayton may be admitted. IL does not
follow necessarily. however. that a spe-
cisl session of the Legislature would be
necessary, for under the Seventeenth
Amendment the Governor is authorized
to issue wrlts OF election 20 fill va
caney, and perhaps the Governor could
issue such writs next year 10 fill the
vacancy which would be created bv the
expiration OF Smoot's term on March
4. 1915. The vacancy at the time the
Governor would issue his writs Of elcc.
tion would be prospective. TO be sure.
but still the language OF the amend.
ment might fairly be held 10 cover the
case. where it says that "when vacan-
cies happen in the representation of
any State in the Senate. the executive
authority OF such State shall issue
writs Of clcc tion TO fill such vacau.
cies = Then follows the provision that
The Legislature NAV empower the Gov
eruor temporarily by appointment 10
fill such vacancies.
II the appointment Of Governor
o Neal IS validated By the Senate and
Mr.. Clayton is seated. we consider that
that would strengthen the authority OF
IN Governor of Utah 10 issue writs Of
election 10 fill At the election OF 1914
the vacancy about to occur by reason
Of the expiration OF Smoot s term of
office. In the meantime, there Is no
immediate need to do anything. II
there is 10 be special session Of the
Legislature, the proper time to cali il
viii be next year.