The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-08-10
SENATORIAL VACANCIES.

The death OF Senator Joseph Il. John
ston OF Alabama imperils the Demo
cratic asccndancy in the u. ;. Senate.
The Democratic majority in that body,
after the detection of the Louisiana
Senators on the sugar question, is two.
The death of Senator Johnston reduces
that majority TO one. 1t is periious
situation, and IL is not surprising that
the Governor of Alabama is much ex-
ercised as TO the best method of pro-
cedurc TO fill the vacancy in the Senate
from that State.
1t appears that the State of Louis
lana, like most Of the other states, has
failed to provide = definite method Of
procedure under the Seventeenth
Amendment TO the Federal Constitu-
ton, which provides for the election of
Senators by the people, either in cases
Of vacancy or on the expiration OF
Senatorial term. Under the old method
of procedure the Governor in case
vacancy happened, would appoint. The
question now is not whether the Gov
ernor has the power of appointment,
but how actually to proceed, Governor
Emmett O'Neal does not undertake to
fill the vacancy by appointment. lie
announces that he will at once order
a special election to fill the vacancy,
considering that this would be the
promptest method TO obtain Alabama g
full representation in the Senate. h
he called a special session OF the legis-
lature TO provide for filing the vacancy,
there would be a considerable delay
in arranging the election machinery,
But if he issues writs for a special
election, that election can be held with
out delay.
In this Governor O'Neal appears to
be of the same opinion as Governor
Goldsborough of Maryland; the logic
OF the situation in both cases being that
when the legislature had the right of
election, it proceeded to fill any va
cancy, either actual or prospective, at
definite time after its assembling.
But since the duty of choosing Sena-
tors has been transferred from the leg
islature to the people by the amend
ment stated, these Governors reason
that the same procedure should be had;
that is, that the body entitled under the
constitution to elect Senator, should
proceed to that election at the earliest
period which under the laws it has
the opportunity to do. The Alabama
case, however, differs from that Of
Maryland in this, that the immediate
filing of the vacancy is urgent to main
tain the party's strength in the SEN
ate, and also in the further fact, that
whereas the Governor of Maryland will
issue writs for the election Of Senator
at the regular election in November,
the Governor of Alabama proposes to
have a special election to fill the va
cancy, and this evidently without any
State law specially governing the case.
IL he should call the legislature IN ses-
sion TO remedy this defect, there might
be perilous delays. If he proceeds TO
order the election without State law
to back him up. the Senate might be
disposed TO find fault with the proceed
uTt. IL is pTdIllGdllN itI ldlIi hpNCNN4 =
that the Senate would support the Gov
ernor s action in calling a special cleo
tiou to fill the vacancy, since the party
exigency is great, and the Democrats
have enough votes to admit the Sena
tor as chosen, and so decide the prece~
dent in favor Of the Governors right
to call the special election.
The constitutional amendment re.
ferred to contemplates that the State
legislature shall pass laws governing all
such eases as this, as well as governing
the manner Of electing Senators by the
people CIRCULATING the time and man
ner and specifying places on the Off
cial BALLOT in place Of by the legislature
as heretofore Utah is one Of the num-
Der of States, comprising the vast ma
iority of all in the Union, which has
not legislated upon this question. But
that the Governor ought to issue writs
OF election for the choosing of Sena-
tor at the general election next year
will probably be made clear by the re-
suit Of this Alabama case. If the Gov
ernor Of Alabama issues writs for spe-
cial election Of a Senator. and that
Senator is admitted TO his seat. as he
doubtless would be. then a precedent
will have been set, and the procedure
will be plain, So that the people of
| Utah have a direct interest in this
Alabama ease. altogether aside from
the general interest that they might
feel in the question of party ascend.
anee in the Senate, the stress of parti,
san need as TO which makes the death
Of Senator Johnston one of far more
than ordinary importance.