The Birmingham age-herald., 1913-08-17
'HOBSON AGREEDI
HAD THE POWER To
APPOINT CLAYTON"
Governor O'Neal
Governor Surprised At
Charges Made by Ala
bama Congressman
FIRST TO SPEAK ON
VACANCY SUBJECT
~Unquestionably, Do," Replied Capt.
Hobson When Asked If He
Though Governor Had Right
to Appoint
ny L. $. nETTY

Montgomery, August 16.-tspecinIo
thouid the United states sennte refuse
to confirm the appointment of Repre-
sentative Henry ID. Clayton. as the sue
cessor to the late senator Joseph f.
Johnston, Governor O'Neal has two al
ternatives, TINT of ordering special
election, or of calling a special session
of the legislature. In the event he Is
called upon to exercise eIt er of these
pcrogatives, he will order election.
as he believes the seventeenth amend
Ynent 10 the federal constitution has
made 1T mandatory upon him TO call
nm election II the legislature has not
provided the necessary machinery for
filling a vacancy in the Senate by mp
poiDtment.
Governor O'Neal gave expression to this
effect tonight upon his return from Mo
bile where he went to review the first
infantry, which Is encamped at the gulf
city. To The Age-Herald representative
the governor stated that while he was
inuclined to give little credence to press
reports from Washington to the effect
that the Senate members were unani-
NOUS in the opinion that he had usurped
his power in appointing the successor to
Senator Johnston, he had concluded that
should Representative Clayton not be con-
firmed by the Senate he would at once
order special election.
The governor declared that he Is finn
iy of the opinion that he had the right
to appoint Representative Clayton to fill
the Vacancies and he expressed the be-
lief that the members of the Senate will
ultimately concur In this decision. How
ever, should the Senate decline to con-
firm the appointment, the governor will.
in all probability order a special election
at once.
In reference to the charges made by
Representative r. p. Hobson that the APP
pointment of Mr. Clayton was a political
one, the governor said that he was great
Iy surprised at Captain Hobsons state
n.ent inasmuch as he had indicated to
him that he (the governor) had the right
to fill the vacancy by appointment. and
had inferred that he would be willing
TO abide by such actions on the part of
the executive.
Hobson Spoke on Matter
''Mr. Hobson was the first member of
the Alabama delegation In Congress
TO speak to me on the subject of the
senatorial vacancy" said Governor
ONeal TO The Herald correspond
ent. 81 left Montgomery for Birming-
ham last Saturday night to attend
Senator Johnston's funeral. and ar
rived In Birmingham at midnight. The
following morning l went down to
breakfast at o'clock, and the first
man / met in the lobby was Captain
Hobson.
Captain Hobson said he wished to
confer with me for a few minutes with
reference to the senatorial situation.
and wanted to make an engagement.
told him that / was going in to
breakfast, but that | would be glad
to talk with him before doing So
Captain Hobson asked me if was
going to order special election, sug-
gesting that he believed that would be
the proper course to pursue. told
him that I had not determined but
that / had been advised by members
of the Senate and House of Repre-
sentatiyes, who were in Birmingham
to attend Senator johnston's funera.
that ] had the power to appoint. I
asked Captain Hobson If he thought |
could fill the vacancy by appoint
ment.
Had the Power
'Unquestinably do, said Cap
thin Hobson I merely wished to find
out what you intended TO do. Should
you have decided to order a special
s~~~~~~-~~~~~~~~
Continued ON Page Ten)