The Birmingham age-herald., 1913-08-10
Before Leaving For
Birmingham O'Nedps
Mind Was UNCHANGED
NEUTRALITY-SUSPICIOUS. ACKNOWLEDGEMENTS

as Unchanged
O'Nea1 is still of the opinion that he
has authority. under the seventeenth
amendment to the federal constitution,
to fill the vacancy by a special election,
and unless strong pressure is brought to
bear upon him BY Congress to call the
Legislature together, he will, Immediate
ly after Senator Johnston's funeral, issue
a proclamation for a special election.
The strong opinion of Governor O'Neal
relative to his authority to order a special
election is concurred in by the leading
lawyers at the capitol and in Montgom-
cry. This is also the belief of the at
torney generals department, although At
torney General Robert C. Brickell has not
yet rendered the governor an official opin-
ion. Furthermore, United States Attor-
ney General McReynolds is said to have
fully confirmed this belief in telegram
which he sent to Mr.. Brickell Friday aft
ernoon, just before the latter left for
Birmingham.
Secretaries to Governor O'Neal saw the
telegram from the United States Attor-
ney General to Mr.. BriclSell, who re-
quested them to convey to the governor
the purport of the message from Wash
ington. Owing to the fact that the gov
ernor was not at the capitol when the
telegram arrived, the executive did not
see the message though he was informed
that United States Attorney General Nc
Reynolds fully concurred in the opinion
rendered him by leading lawyers at the
capitol that he had the authority to order
a special election.
Attorney General Brickell declined to
give out the telegram which he had re-
ceiyed from washington out of respect
to the memory of the late Senator john
ston, owing to the fact that he is a close
personal friend of the bereaved family
He declared that he would make the tele-
gram public Immediately after the funeral
of Senator Johnston, though stated un-
officially that the United States Attorney
General concurrad with him in the opin-
ion that the governor may order special
election.
Situation More Complex
But whether Senator Johnstons sue
cessor is chosen by popular vote of the
the governor-which seems exceedingly
improbable-it is generally agreed that 40
or so days will elapse before the vacancy
can be filled.
According to the governor, a special
election will be much more expeditions
than a special session of the legislature,
inasmuch as there seems to be an almost
unanimous opinion among lawyers that
the legislature cannot meet until the nu-
Inerous vacancies in that body have been
filed Altogether, there are 20 or Y va
cancies in the state legislature, ana sew
eral counties have no representation at
all. Under the law, it is pointed out,
these vacancies must be filled before the
legislature can meet in session.
Should this be the case, 80 days or
more would elapse before elections
could be held to fill these vacancies,
and a week or 10 days more would
elapse before the Legislature could con-
fer upon the governor the authority to
appoint senator ad interim.
Governor Favors Election
Governor O,Neal Is strongly In favor
of a special election. He believes that
by an election the successor to Sena-
tor Johnston could be chosen within 80
days, and also that the right man
could be slected, Moreover, in view of
the exigency of the case he does not
thlnk tnat primary Wouiu po AoSoS-
sary.
"Of course a democrat would be
elected" said the governor, thence I
see no reason why there should be the
extra expense ana delay of state
primary"
Still, Governor ONeal is not averse
TO a primary and II one should be
strongly urged. he would readily con-
sent-though he does not believe a
primary to be essential
Governor O'Neal is dominated by the
desire to I'LL the vacancy as early as
possible, and he will consent to the
and most feasible plan. He realizes
the extreme urgency of the situation
and ne wishes to follow the course that
is the most practicable.
viii Confer With Leaders
Governor O'Neal left tonight for Bir-
mingham to attend Senator Johnston's
funeral and while in that city will
confer with members of the delegation
from Washington, as well as with those
members of the Alabama delegation
who are present, relative to the proper
course to be pursued in filing the
vacancy in the Senate.
The governor will outline to the
Washington delegation the complexity
of the situation in Alabama, and Will
suggest a special election as the most
expeditions method of naming Senator
Johnstons successor.
The Alabama executive will remain in
Birmingham until Tuesday morning,
in order that he may be preesnt for the
review of the Fourth regiment, which
is encamped at East Lake on Monday
afternoon.
Immediately after his return to his
office at the capitol Tuesday it is ex-