Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-13

mittee. but members of that committee
who have been studying the terms and
scope of the new amendment expect that
the decision of the committee will be ad-
verse to Mr. Clayton's claims.
Mr.. Clayton is now a representative
In Congress from the third district of
his state and, although he has ac-
cepted the appointment. he announced
before leaving Montgomery. Ala. for
this city last night that he would not
resign his seat in the House until after
he is seated in the Senate
Grounds for Making Appointment.
Gov. O'Neal last night issued a long
statement outlining the reasoning by
which he concluded he had authority
to make the appointment. He recounts
the election of Senator Johnston for a
term of six years prior to the adop-
tion and ratification of the seventeenth
amendment and says he had the assist
ance of prominent attorneys in reach
ing his decision. The governor men,
tions that under the United States Con-
stftution prior to the ratification of
the seventeenth amendment vacancies
occurring in the Senate by death or
resignation could be filled promptly by
appointment by the state executive.
The question at issue, he says, is wheth-
er the Alabama vacancy shall be filled
in accordance with section 3, article l
of the Constitution, or in accordance
with the method provided in the seven
teenth amendment.
He points out that it was provided that
the amendment should not be so con-
strued as to affect the election of any
senator chosen before it became valid as
a part of the Constitution"
An investigation of Alabamas state
laws has convinced several members OF
the Senate that there is no express au-
thority in those laws that would sanction
Gov. ONeafs action. The recommends
ton by Senate leaders in kilograms to
Gov. O'Neal that he first secure authority
from the legislature before appointing a
successor to Senator Johnston repre-
sents the settled conviction of Senate
lawyers as to the course that should have
been followed by the Alabama governor.
Senator Kern, democratic leader of
the Senate and chairman of the COM
mittee on privileges and elections. to
which the credentials of Mr.. Clayton
will be referred. said today that he did
not feel at liberty TO PREJUDICE the case.
Needs Careful Consideration.
providing for the direct election OF
senators presents several new ques-
tions which must be carefully consid-
cred" said Senator Kern. He added
the significant statement. however. that
the purpose of the amendment was be-
yond all doubt TO permit the people to
select their own senators through pop
Slar vote.
THE political exigency which has
been suggested to the enect that an
other democratic vote may be needeo
TO pass the tariff bill will have no
bearing on the decision regarding MI
Clayton" Senator Kern added. AS a
matter of fact, the democrats have
plenty of votes to pass the Dill al
present and even if another democratic
senator should die we could still pass
IL without filling the vacancies.
Senator Overman. chairman or the judi
ciary committee. was still insistent today
that Gov. ONeal is without authority to
appoint successor 10 Senator johnston
without first calling an election being
given special authority by the state leg
islature.
IL was suggested that the appointment
of Mr.. Clayton was made largely for po-
ltical purposes with the idea that in the
race that is to come Mr.. Clayton will
have the prestige of being the governor 5
selection for the place.