The Dawson news. (Dawson, Ga.) 1889-current, 1913-04-15
hist ELECT SENATOR
EMINENT TO CONsTITU-
P" AFFECTS SENATOR
,cov OF GEORGIA.
mex ELECTION MUST BE HELD

g. sn,n special Election viii Insure
AGAINST Contention in Senate
s One Of Georgia's Seats
WV -, dispatch to the Atlanta
.aaI from its Washington CORES
sondent says o+,foation Of
,,gas.ituttonal amendment [,I'tnS o. et. tas
II . ,,-- election Of the United states
p ,.ors an interesting situation has
Fa''o 5o,sJoped in Georgia with ref
..a,s of to senator A. o. Bacon, chair it
sl'y me foreign relations commit
'D VI 5oan of the democracy in the
s.s or house of congress
~ o+or Bacon will have to go De-
''4 ,ps neople Of Georgia at a spe-
.,oction or depend upon GOV
I . !. ELECT John NJ. slaton to appoint
.orva until the next general
ID " In that event two United
'.'Y .ona+ors will be chosen at the
Nv. .,oral election, as the term OF
f.n,tor Hoke Smith will expire III
be meantime.
10 Not Disturbed.
,,,-or Bacon says he is not dis
ia over the development. He
lI va, that as the nominee OF the
snooratic primary last fall he will
, ,-s no opposition before the people
s,sr in a special or general election
i u 3oas not believe that Governor
:. SIaton should appoint him, but
~. tho legislature which meets
sumner should provide for
rscal election.
conoror Bacon is now serving in
serate bv virtue Of commission
ron TO him by Governor Brown,
!, ,he unusual condition created by
ratification Of the popular cleo
!, amendment to the constitution
~ cause complications with refer
me- TO the validity of the senator's
resent commission.
The term of Senator Bacon expired
March 3. and although he was
minated in the democratic primary
snccped himself he has not yet
BON elected His nomination in the
-mary was an instruction to the
,te legislature to re-elect him, and
legislature would have carried
this mandate of the people when
met.
Appointed by Gov. Brown,
II was the recognition of this fact
At caused Gov Brown to appoint
nator Bacon for the interval be-
zen March Bird and the date of
meeting of the legislature.
Senator Bacon's credentials thus
suei by Gov Brown we're presented
the senate by Senator Smith
utly before the adjournment Of
last session Of congress.
The credentials were accepted
AOut question. but it was learned
Day that there is a close legal ques-
D as to the right of the governor
state to appoint senator's under
ID circumstances. 1t is the con-
ltiOn of many able lawyers and
let constructionists that the gov
noT of a state has, or had, under
constitution the right only to ap-
1t United States senator in case
vacancy by death or resignation.
vas never contemplated that a
lie executive should have the right
oil a vacancy occasioned by the
pHation of a term of office. That
Bat rested exclusively with the leg
aloFs and now it rests with the peO-
since senator's are to be elected
direct vote.
No Question Now.
SAce, however, Senator Bacon's
FueAlials as issued by Gov. Brown
pc accepted without question when
We're presented by Senator
ll 1t is hardly probable that the
lalors right to membership will
challenged at this late day.
lovernor Browns commission
uld keep Senator Bacon in the
ale until the Georgia legislature
cts
lsn the legislature must arrange
vi the vacancy in one of two
A special election must be
& Or the right must be conferred
~e governor to appoint a sena-
~ serve until the next general
sol' which occurs a year from
Ten b,.