The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-08-15
The Alabama
Senatorship

The question how the sena-cral vacancy
from Alabama Is to be legally Allied becomes Of
maknitude in view Of the narrow majority
by which the Democrats hold the upper branch
lof congress and the necessity for bringing the
tariff bin vote with the least possible delay
There ia grave doubt expressed by competent au-
lthorities whether under the constitutional
amendment recently adopted the governor OF
la State In which such vacancy occurs has att
lthority to All It by temporary appointment I'M
less that prerogative has been vested In him
ibv an act of the State legislature adopted sub
Igequent to the date when the constitutional
amendment went into effect. Not only Is that
1.-The opinion Of such eminent lawyers on the
Republican side of the senate as Root and
Burton but Democrats IF like standing as
iurists Bacon and Simmons among them share
that view. and Senator Overman goes to the
length of expressing the Judgment that IN
Iappointee whose title was so ciouded with
doubt would not be seated. Nevertheless Gov
crnor O'Nea1 in the face Of contrary ADVICE
from the Democratic leaders at Washington
! nd Of the construction placed on the language
cf the amendment by Attorney General Mercy
Inolds has assumed to himself the right to name
an ad interim successor TO Senator Johnston
! and has designated Representative Clayton and
issued to him commission. The alternative
presented to him was to call the legislature
into extra session at the earliest practicable
| date and urge upon that body the immediate
passage Of an act authorizing him to provide
for the States representation until popular
election could be held That would have been
+ the safest course and would have met the ext
gency of the Democrats in AS it is,
essential time will have been wasted should the
senate refuse to accept Mr.. Clayton's credentials
as valid. The wording of the constitutional
amendment applicable to the situation is this;
/ when vacancies happen in the representation
of any State in the senate. the executive
Ithorty of such State shall issue wrts Of election
to fill such vacancies Provided that the legis-
flature of any State may empower the executive
thereof to- make temporary appointments until
the people fill the vacancies by election as the
Legislature may direct"
| Governor ONeal relies for justification OF
Ibis course on the fact that Alabama already
has a statute clothing the governor to make pro
tenn provision for vacancies occurring during
"a recess of the general assembly which was
when that statute became law vested with the
function of electing United States senators.
Manifestly this law must be stretched by In
!terpretation before it a rising
under conditions entirely changed. At least
the governor should have given controlling
weight to the Judgment of those who to
pass upon the validity of his course and it APP
pears to us that he has shouldered a respon-
sibility which he will find hard to meet. If the
consequence of his appointment should be the
, rejection of his appointee and the consequent
endangering of a completion during this session
of congress of the greatest reform the admin
istration has in hand.-Norfok Virginian-Pilot