The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1913-08-12
CANNOT APPOINT SENATOR
Alabama Governor Has No Pow
er to Fill Vacancy.
Democratic Leaders Discuss Much
Mooted Question Before Meeting
of Judiciary Committee.

Washington, Aug. 11.-Telegrams
were sent tonight to Democratic
leaders in Alabama by Senator Over
man, acting chairman of the enate
judiciary committee, advisil lem
that Governor O'Neal, in the op.nion
or the Democratic lawyers in the
senate, had no power now to appoint
a successor to the late Senator Jo-
seph F. Johnston. The message
added that majority of the lawyer
senator's held that the governor
could call a special election at once.
but qualified this by adding that
there was much difference of opinion
In the judiciary committee as to
whether 1t was necessary to call the
legislature into session to authorize
a special election. Governor O'Neal,
Senator Bankhead and others had
asked for an opinion from the Judi
ciary committee as to the quickest
way OF filling the vacancy under the
terms of the recent cou stitutional
amendment providing for the direct
election of senator's.
DISCUSSED IN FULL.
The question was discussed at a
full meeting of the judiciary com
mittee. Later the Democratic mem
lawyer among the Democratic SEN
ators. 1t was stated after the meet
ing that the unanimous opinion was.
that the governor had no power
to fill the vacancy until the legisla-
ture met and authorized him to do
so.
Some of the senator's viewed the
days discussion as indicative of de-
lay in filling the seat They argued
that it would consume much time
for the holding of a special session
of the Alabama legislature, should
Governor O'Neal decide upon that
course, and said the selection OF a
senator by a special election without
a meeting of the legislature might
result in contest and delay in seat
ing the senator. 1t was suggested
that an attempt be made to enter
into an agreement with Republicans
in case of the death Of another ser
tor during the present session. Re
publicans approached on the subject,
however, did not give the idea their
approval.
The main difference of opinion in
the committee arose over the inter
pretation of that section of the Ala
bama code which authorizes the gov
ernor to call elections to fill the va
cancies in certain specified state
Offices "and such other offices as may
be provided for by law"
Some held that the language of
this section was broad enough to
cover the office of senator; others
disputed the position earnestly.
Senator Overman's telegram
read:
"Ry the new amendment the gov
ernor is charged with the duty of
issuing writs Of election to fiji the
vacancy, but has no power TO fill by
appointment until the legislature
authorizes him to do So
"By subsection >, section 439
your code, it is provided that special
elections are to be held i'm cases
other than those elsewhere specified
in the section which are or may be
provided by law The following
sections direct that all special cleo
tions shall he held on such date as
the governor may direct. This is the
general opinion of the Democratic
lawyers of the senate; that is that
the governor can call a special cleo
tion and that the candidate elected
would he entitled to mis- seat. How
ever, there is much division of opin-
ion in the judiciary committee. some
holding to the opinion that the gov
ernor cannot call an election until
the Legislature is called together and
takes action in this matter"