The Birmingham age-herald., 1913-08-11
Nardaman, Bell, Burnett, iIom~4, 80
Webb Agree With Bankhead That
O'Neal Has Authority to
Make Appointment Now

The great majority of the national con-
funeral of Senator Johnston yesterday
was of the opinion that Governor O'Neal
would be within his constitutional rights
should he appoint a successor to the dead
statesman.
In The Age-Herald of yesterday morn
ing there appeared an interview with Sem
stor Banlzlnead, in which it was contended
that the governor should appoint the next
senator and that it was extremely doubt
full that he had the authority to call and
hold a special election for the naming OF
a senator. This proved to be the news
feature of the day inasmuch as the views
of Senator Bankhead are held by the ma
jority of other members of Congress who
were here yesterday. and especially mas
much as the indications are that the gov
ernor will follow the advice of the senator
from Alabama.
The consensus of opinion is that the gov
ernor should appoint, and by submitting
the credentials of his appointee to the SEN
ate, learn by the most practical and rapid
manner whether or not he acted rightly.
and if not. what he should next do.
Vardaman Advises O'Neal
Senator vardaman of Mississippi struck
the keynote when in consultation with
Governor O'Neal he said: Resolve the
doubt, governor. by making an appoint
ment."
Later to a representative of The Age
Herald he said: ut is my opinion that the
governor has the constitutional right to
make an appointment. Otherwise, the
word term would not be contained in the
third section of the amendment. Alabama
IS entitled to two votes in the Senate, and
Alabama has but one. and unless an ap-
pointee is accepted, will have but one for
some weeks"
Congressman Bell of California held
Identical views. Il have not made a close
study of the amendment as it relates to
law and condition in Alabama However
were the situation of Alabama the sltua-
ton of California, / am certain that the
governor of my state could appoint. |
would suggest that the governor might go
further and fare worse than by making
an appointment"
Other Congressman Agree
Congressman Burnett believes that Gov
ernor O'Neal should make an appoint
ment. "Of course" said he, Il am not pos
sessed of all information relating to the
subject 1t would be strange, however,
II Congress had passed an amendment
making 1t possible for condition to arise
that in an emergency such as confronts
us today. a governor could not appoint
a senator. The governor should certainly
have the right If he has not
Congressman Howard of Georgia agreed
with Congressman Burnett. "At any rate,
said he, Il think the governor should go
ahead with his appointment. If he is
wrong he will know it sooner than should
he await developments with positive proof
TO guide him In course"
Congressman e. Y. Webb of North Car
olina expressed the opinion that unques-
tonably in this emergency the governor
had the right-to make an appointment
Mr. Taylor Disagrees
As stated in another column Con-
eressman Heflin and Congressman Hob
son hold to the opinion that the gov
ernor should not appoint. Congressman
-
district is of the opinion that it would
be constitutional neither for the gov
ernor to appoint senator nor call a
special election
There is but one recourse" stated
he. THAT is an extra session of the leg
islature. 1t would require Al days from
the date of the call for the governor
to make an appointment. but | can see
no other course for him to pursue. The
Legislature in extraordinary session
could authorize the governor to make
temporary appointmnet or an ad in
term appointment and could at the
same time enact machinery under which
a special election might be constitu-
tionally held The appointee of the
governor would serve for about
month and the victor in the special
election would serve for the remainder
of the term for which Senator Johnston
was elected"
Republican Boosts Underwood
The members of the Senate were a
trifle reticent in discussing the situa-
tion. probably due to the fact that
they will be required TO pass upon the
credentials of man sent to Wash
tngton by appointment or as a result
of a special election. They generally
evaded the issue by declaring that they
were not absolutely certain. The ma
jority, however intimated that if they
were governor they would make an
appointment.
Senator Brady of Idaho. a republican,
in discussing this question paid Con-
gressman Underwood a brilliant COM
pliment. Turning rapidly to number
of newspaper men, he said with great
deal of earnestness:
BOYS. why don't you send Under
wood to the Senate. | would certainly
like to be more personally associated
with him. He Is certainly one of the