The Birmingham age-herald., 1913-08-13
Governor Appoints Senator

Governor O'Neal, in appointing a
United States senator to fill the va
cancy caused by the death of Joseph
f. Johnston, has dealt with an impor-
tant and a confused situation boldly
and it is believed wisely.
Some lawyers-numerous so-called
constitutional lawyers in and outside
of public life-hold that the seven
teenth amendment recently ratified
takes away from the governor of a
state the right of appointing a sena-
tor to fill vacancy for an unexpired
term, even though the legislature had
made no provision, as in this case.
But other lawyers known for their
clearsightedness and their sound
judgment have been of the opinion
that Governor O'Neal would be act
ing entirely within his rights if
he filled the vacancy by appointment.
The governor, himself a lawyer of
high ability, felt conscious of his right
to appoint senator, and although
some members of the Senate have
been quoted as holding views against
a gubernatorial appointment, he feels
reasonably well satisfied, no doubt,
that his action will be generally ap-
proved. AT any rate, he has cut the
Gordian knot.
The democrats have only bare
majority in the Senate. A junior
senator from Alabama is needed
sorely needed at this time. The tariff
revision bill is in jeopardy. Had Gov
ernor O'Neal decided not to appoint,
| but to call an extra session of the Leg
islature and have the legislature pro-
vide the machinery for the election
by the people of successor to Sena-
tor Johnston, Congress might have
adjourned before the new senator was
chosen. Here is a great test case.
No matter how the chances may
seem now it is probable that members
of the Senate who have expressed
themselves in opposition to the guber-
natorial appointment theory will
change their minds after mature de-
liberation, and will vote to seat Gov
ernor O'Neal's appointee.
In appointing Henry d. Clayton,
chairman of the House judiciary COM
mittee, to the vacant seat in the SEN
ate, the governor has done a popular
thing. The names of Clayton and
John B. Knox were prominently men
toned just as soon as the governor
seemed inclined to solve the vacancy
problem by making an appointment.
Both of these distinguished Ala
bamians were urged upon the execu-
tive. Both had been staunch parti-
sans of Governor O'Neal, but as only
I
one could be appointed, the governor
saw fit to confer the honor upon the
congressman.
I Colonel Clayton has represented the
Third Alabama district in the House
since 1897 He was permanent chair
man of the democratic national con-
vention at Denver in 1908, and as
chairman Of the judiciary committee
he has been of late very prominent
national figure. He will make an
excellent senator and owing to his
long and conspicuous service in the
House of Representatives and his
personal popularity, he will, if seated,
have commanding place in the upper
house from the start.
Governor O'Neal is certain to be
cordially commended by the public
for his action in making an appoint
ment in the face of strong conflict
ing opinions upon the construction of
that poorly worded last clause of the
seventeenth amendment. 1t is hoped
the Senate will act upon Colonel Clay
toms credentials without unnecessary
delay.