The Washington herald., 1913-11-11
AFTERBLAIRLEES
SEAT in SENATE
Republicans Hold Conference
and Decide to Contest
Maryland Man.
BASED ON STATE LAW
C. o. P. SoIons Contend Statutes Not
Broad Enough to Lesaiize
His Election.

blair Lee. who was elected United
States Senator from Maryland by direct
vote in last Tuesdays election In
that State. is confronted by serious
fight to obtain his seat In the upper
branch of Congress.
This developed yesterday when the Re
publican members Of the Senate held a
conference and decided to contest the
right of Mr.. Lee to take his seat in the
Senate to succeed Senator William p.
jackson, Republican. for the unexpired
portion OF the Rayner term. This action
was based upon the grounds that there
was nothing in the Maryland election
laws under which a United States SEN
ator can be selected under the recent
amendment to the Federal Constitution
for direct election of Senators.
There has always been a good deal OF
opinion as to the legality Of the United
States Senatorial election in Maryland.
The election was called by Gov. Colds
borough, a Republican. He based his
action upon an opinion Of Attorney Gen.
eral Edgar Allan Poe, of Maryland. that
there was sufficient elasticity in the Mary
land election laws TO provide for an cleo
ton of United States Senators without
further State legislative authority.
Root Combats View.
This view, however, was combated by
Senator Root of New York and Senator
Sutherland OF Utah. who took the posi-
ton that the Maryland Legislature had
10 meet and provide the necessary cleo
ton machinery before a United States
Senator can be elected by a direct vote
under the recent Constitutional amend
ment.
This opinion by the New York and
Utah Senators was prepared for Senator
jackson to be given Gov. Goldsborough
for his own information. Gov. Colds
borough. after consulting Attorney Gen.
contended that he had sufficient authori-
ty to call an election to name a United
States Senator. and he did so.
The whole question Of legality or Illegal
ity OF Lees election revolves around the
Maryland election laws. The Republic
ans contend the election laws Of that State
are not broad enough to permit an cleo
ton of a United States Senator as they
now stand. and that the Legislature must
specifically provide the necessary election
machinery to put in operation the direct
election of Senators amendment
The Democrats, together with Gov.
Goldsborough, contend that there is sufi-
cient breadth to the Maryland laws to
ator without further State Legislative ac-
ton. They base this conclusion upon the
Maryland laws, after designating the Of
ficials to be elected. recite land any other
official" They therefore hold that a
United States Senator can be elected
under that end Of a clause-''and any
other Official"
The Senate has the constitutional right
to pass upon its membership. II 1t holds
by a majority vote that Lee was legally
elected that ends the matter so far as
Lees seat Is concerned.
The Democratic leaders of the Senate
have taken no action in the Lee case.
Some OF them--members of the Committee
on Privileges and Elections-have infor-
mally held that the election OF a United
States Senator at the recent State elec-
tion could legally be held, but they have
never taken any official action on this
point.