The Birmingham age-herald., 1913-08-15

pointment until an election by the peo-
pie.
1T will thus be seen, that in both the
seventeenth amendment and section of
article of the constitution. all proper
safeguards were provided by prevent an
unnecessary vacancy In the representation
cf any state in the Senate.
The seventeenth amendment further
provides This amendment shall not be
so construed as to affect the election or
term of any senator chosen before it be-
comes valid as a part Of the constitu-
ton And In order to determine what eff
feet this provision of the amendment has,
we must bear In mind the facts of the
particular case now before us, which are
that Senator Johnston was elected by
the legislature of Alabama as a senator
of the United States 70 rthe term of
six years, beginning March 4, 1909, and
expiring March 3. 1915. under the pro-
visions of section 8 of article l of the
constitution, and that the term for which
he was elected has not as yet expired.
and will not expire until March 3, 1915
Also, that the seventeenth amendment
became effective as a part of the con-
stitutlon of the United States by the proc
lamation of the Secretary of State of the
United States. on the 31st day Of May
1913; and that the legislature of Alabama
has not been in session since the seven
teenth amendment to the constitution was
proposed, and that there has been no
opportunity for legislation In this state
which could carry into effect the pro-
visions of this amendment, insofar as
legislative action by the several states is
rendered necessary.
THAT the provisions of the third Sec
tion of the amendment were embraced
in the amendment, not for a permanent
purpose, but for a temporary purpose,
that is, to preserve the integrity of the
Senate as constitutional body, until such
time as its membership could be elected
in accordance with the provisions of the
amendment, no reasonable man can
doubt. Nor tcan 1t be doubted that it
was known and recognized at the time
the amendment was framed and sub
mitted for ratification. that this change
would require time within which to be-
come operative.
The trainers, therefore, advisedly pro-
vided not only that its adoption should
not affect the election. but also that it
should not affect the term of any SEN
ator chosen before its ratification
I'VE are, therefore forced to consider
and determine the meaning of the word
term as used in the third section of
the seventeenth amendment.
I'm 3Sth eye. p. 1874, in defining the word
1 term 1t Is said As applied to time, a
duration; the time for which anything
lasts; any limited time
THAT the term of office of an officer
is separate and distinct from the person
exercising the duties of the office, there
can be no doubt. In State VS.. Sayre, 11s
Ala, J. this distinction is recognized both
in the opinion of the majority of the
court, written by BriclSell, chief justice,
in the concurring opinion of Justice Nc
Clellan, and in the dissenting opinion of
Justice Head in which latter opinion it
is said
The phrase term of office" in ordi-
nary parlance. means the fixed period of
time for which the office may be held
And we have statutory rule for the
construction of statutes, requiring that
in constituting statutes, words and phrases
shall be taken in their plain, ordinary
and usual sense except that technical
words and phrases having a peculiar and
appropriate meaning in law. shall be un-
derstood according to their technical i'm
port Going to the standards of
our language we find that a term means
the time for which anything lasts; any
limited time; the term of life. And
turning to authorities they announce that
the expression term of office" uniformly
designates a fixed and definite period of
time. So that whether we take
the phrase term of office in it's ordi-
nary or popular sense. or in it's technical
import, 1t means one and the same thing
a fixed and definite period of time. OF
course every such period of time. in order
to be fixed and definite must have point
of beginning, and point of termina-
ton, equally fixed and definite
ITO the same effect see citations under
head Term of Office in Vol s, Words
and Phrases p 692O-2l.
THE provisions of section of article
af 4ha ,ett lon, .f4 ITrft 20,
dividing the Senate into classes so that
the term of one-third of the senators
should expire every two years, and fix
ing such uniform period for the expira-
ton of their terms of office Is in no man
ner affected by the seventeenth amend
ment, nor was ii ever intended that they
should be so affected, and. therefore, the
word term was embraced in the seven
teenth amendment In addition to the
word election
II am, therefore, of the opinion, and
so advise you, that a. to the vacancy
caused by the death of Senator Johnston,
the power and duty imposed upon you by
section of article l of the constitution
of the United States remains unaffected
by the adoption of the seventeenth amend
ment for the reason that this amendment
by It's express terms postpones its opera
tion in the case of a vacancy occurring
as this one did, until the expiration of
the term, which the encumbent was hold
ing at the time of the adoption of the
seventeenth amendment.
IT am further strengthened in this con-
clusion because. any other conclusion
would deprive the state of Alabama of
its right to equal suffrage In the Senate.
of which no amendment to the constitu-
ton of the United States can deprive 1t
under the provisions of article of the
constitution of the United States above
referred to-