The Birmingham age-herald., 1913-08-17
HENRY PAGE BURRUSS.
WE'LL KNOWN EDUCATOR,
ON nth AMENDMENT

untii the people fill the vacancy by cleo
ton as the legislature may direct.
mis- amendment shall not be SO con-
strueu as to effect the election or term
Oh any senator chosen before it becomes
Yalld as part of the constitution"
There is no difficulty Whatever about
tue construction of the seventeenth
amendment to an intelligent and candid
mlnd that really and sincerely wishes
10 Know its true purpose, meaning and
spirit. 1t IS intended to take thes cleo
ton of senators OF the United States, as ia
full terms. as 10 unexpired terms, as to
vacancies out of the HANDS of tho legis-
lature. out OF the hands of the executive
and place it into the hands of the people
Oh the several states. 1t Is intended to
make selections to the senatorial office
as democratic and popular as the seec-
tlon OF the members of the House of Rep
resentatives. Much of the language of the
seventeenth amendment is taken from the
provisions of this same article I regard
ing the election of members of the House
of Representatives
The whole contention of the governor
ana attorney general is based upon the
construction of the last clause of the sew
ehteenth amendment as it has been pub
Jshed in the discussion of this subject
which reads as follows:
RMS amendment shall not be co con-
strued as to affect the election or term
OF any senator chosen before it becomes
valid as part of the constitutions"
What is the object of this clause, to con-
tlnue the election of senators in the hands
OIL the legislature or the governor? Cer-
talniy not. Is the influence of a senator
appointed by the governor any less vital
ON legislation than a senator elected by
the people for af ull term? Are his views
OF any less concern to the people? Should
ms oplisatlon be any less responsive ana
direct? The words, the election or term
oi any senator chosen" are to be taken
closely IN thought connection with each
other. The fact is, the object of the
verb AFFECT includes all the words that
follow 1t in the clause under considers-
tlon. The real meaning of this clause was
that the tenure of office of Senator John
ston and others already elected at the
time OF the adoption of the seventeenth
amendment We're not to be affected so far
as the incumbents We're concerned until
the end of their six year term. II had no
reference whatever TO the filling of va
cancles. The amendment was not to leg
lslate any senator out OF office who AL
ready held a commission to a seat in
the Senate. Neither was this language
intended to legislate gubernatorial APP
pointees into office without the consent of
the people. Constructive legislation nv
one man il permitted would soon over
turn Tree institutions and place a Caesar
or Huerta in the presidency or the gov
ernor's mansion. When the people have
an opportunity to pass on this matter we
snail nave sound, healthy, candid and
permanent Interpretation OF the seven-
teenth amendment to the constitution of
the United States
Inc governor, before the adoption of
the seventeenth amendment TO the con-
stitution, had the power OF temporary an
pSlhtment OF a senator during the recess
OF the legislature. Under the seventeenth
amendment to the constitution this mower
OF recess appointment is clearly taken
away and the governor is required TO issue
Wrlts OF election to fill vacancies In the
Senate in the same way that he is re-
qulred to issue writs of election to fill va
cencies in the House of Representatives
Almost the same language is used in re-
sara 10 vacancies in the two houses I'm
der the present provisions of the consti-
tuition the governor has as much right ia
NIL vacancy in the House of Representa-
tives as he has to fill vacancy In the
senate unless the legislature empowers
MN TO make a temporary appointment
until the people fill the vacancy by cleo
uon. Under the new amendment the leg
isiature loses the power of electing sena-
tors but is given the right to empower
the governor to make temporary an
polntments In extreme emergencies. If
human language is worth ANYTHING IN
the human race for conveying ideas or
embodying legislation for the improve
ment of civilization, or the preservation
OF liberty then, the appointment of Hon.
H.. ID. Clayton by Gov. Emmett O'Neal
Is usurpation of power in gross viola
tion OF the fundamental law of the land
ana deserves the emphatic disapproval OF
every intelligent and law abiding citizen
OF the great state of Alabama.
III any citizen has any doubt about
tiis matter let him open the constitution
or the United States and read the first
,,lree sections of article I. and compare
,nose provisions with the provisions of
the seventeenth amendment recently
adopted by the legislatures of the various
states and his doubts will disappear as
gently and readily as dews in spring
before the morning sun
HENRY PAGE BURRUss..
Birmingham, August 49, 1913