The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-08-10
MUST PROVIDE WAY
TO FILL VACANCY
Constitutional Amendment as to
Election OF Senators Pre-
sents Difficult Problem.

That the next session OF the Cen
eral Assembly Of Virginia must make
some provision for hlling vacancies In
the United states Senate from this
State was the general opinion express
ed ut tho Capitol Yesterday. An
amendment To the Federal Constitution
providing for the election Of United
states Senators by the people has
taken effect since the last session or
the General Assembly, and no provi-
sion has been made in Virginia for
Milling vacancies in accordane with
the new constitutional amendment.
The recent death OF senator Joseph
+. Johnston, Of Alabama. with the
consequent cutting down of the Dem
ocratic majority in tho Senate at
time when the new tariff bin is pend
ing. has drawn the attention Of state
officials to the exact wording OF the
amendment, which. after providing
for the election Of United states Scna-
tors by the votes OF the people in the
various States, each State TO be en-
titled TO two Senators as heretofore
goes on:
Text OF Amendment.
when vacancies happen in the rep
rcsentation Of any State liz the SEN
ate. the executive authority OF such
state shall have authority to Issue
writs of election to fiji such vacancies;
provided that the Legislature OF any
State may empower the executive
thereof 10 make temporary appoint
ments until the people fill the vacan-
cies by election as the Legislature may
direct"
The Legislature of Virginia has not
yet given the Governor the power to
make nd interim appointments SHOULD
Il vacancy occur in the Senate from
virginia, il is tho belief or Capitol Of
fcials that the Governor could. under
tho amendment, do one OF two things
issue a writ for n special election to %
held after the expiration OF sixty days,
or call a rpccial session OF the General
Assembly for the purpose OF passing an
act comforting on the Governor tho
power TO make al interim appoint
mcnts.
Little Eject In Virginia.
Except for such an unexpected emer-
lency the constitutional amendment
Will have little practical effect in Vir-
Einia, rs for some years tho Demo
cratic party has followed tho primary
Ian of nominating Senators. and whilc
the election a,has been legally ut the
hands of thu General Assembly, that
body has always been bound by tie
action OF n Statewide primary United
states senator Martin received his first
appointment at the hands Of conyen
ton when he ran against Ex-Governor
fitZhugh Lee. SIX years later lie ran
In tho first state wide primary held in
Virginia, against Ex-Governor a. j.
Montague. the primary being held ut
tho same time as that 70. tho governor
ship, when Messrs. Claude A. Swanson.
William II. Mann and Joseph L. VIII
lard We're candidates. Martin being de.
clared the nominee for the Senate and
swanson for the governorship Sena-
tor Swanson was appointed 10 fill tho
anexpired term Of the late John w
Daniel by Governor Mann. Under the
old law the appointment by the Gov
ernor was merely until the next meet
ing OF the Legislature. In the primary
in which members of the Lcgi stature of
1912 were elected, Senator Martin was
unsuccessfully opposed by Congress-
man william y. Jones and Senator
Swanson by Congressman Carter Glass.