The Mena weekly star., 1913-03-13

the four remaining days to pass the necessary appropriation bills. But
 he would not say whether he will call an extra session of the legisla- ture if the bills are not passed.
 RObinSOn's Reason Seen. One opinion is. that the vacancy in the office of governor, having been filled before the end of the legislative session, the president pro tenn will not succeed Senator Oldham. This, it is asserted, is why Governor Robinson desired to va cate the office before the end of the session.
 Should the present holder not call special election, the question has been asked, who will compel him to do so, and how will they proceed to compel the action.
 And another problem would pre- sent itself should a special election not be called. The present acting governors term of office as senator will expire in September, 1914. In this event, the question arises as to whether the president pro tenn of the Senate would succeed him until the regularly elected governor as sumes office early in 1915.
 For the office of president pro tenn of the Senate there are two aVowed candidates, Senators Flu trell and Harris, while Senators Lundy, Moore, Going and Ashely have been mentioned as possibili- ties. They have not been making an open canvass for the election, however. Apparently the aspirants for the office of president pro tenn were taken off their feet by yester- days development. One of them said, however, that he had been looking for the move.
 Similar Situation Recalled
 In 1907 a situation somewhat similar to the present one arose in Arkansas. On April IS of that year, Judge U. M. Rose, in answer to an inquiry from Senator John P. Lee, gave an opinion which might be made to apply to the present sit uation. It was in reply to a request for information concerning who would be acting governor at the close of the session of the Senate in the event Governor John s. Little was unable to return to the state to assume the office.
 After quoting the sections of the constitution given above, Judge Rose wrote the following:
 The words for the remainder of the term, or until the disability be removed, certainly show that after the president of the Senate is in ducted into office, there is to be no other change until the disability of the governor-ele shall terminate
 Tn many of the states, a lieuten- ant-gOVernOr is elected for the eX- press purpose of presiding over the Senate and filling the place of the governor during a vacancy or a period of disability.
 Tn my opinion, under our consti- tuition, the president of the Senate occupies a similar position, and in case of a temporary disability of the governor, the president of the Senate in office at the time the dis ability occurs succeeds to the office of governor, and will hold until the disability ceases, and he will not be supplanted by any president of the Senate that may be subsequently, elected
 Was Real Disability Then.
 The situation referred to by Judge Rose was a case of disability rather than resignation. Senator John Ike Moore was president of the Senate when the 1907 situation arose. He became acting governor during the legislature, but gave over the office to X. 0. Pindall, who was elected pro tenn, despite the opinion to the contrary given by Judge Rose.
 Whatever happens within the next few weeks, a decidedly inter- esting situation was created yester- day when Governor Robinson hur- riedly wrote out his resignation and as United States senator left for Washington at S:20 o'clock last night-a little more than three hours after he had relinquished the office of the states chief executive.
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