Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-12
Representative Clayton An
nounces Compliance With
Presidents Wishes.
ALSO ABANDONS CLAIM
ON SEAT IN THE SENATE
Recalls His Acceptance Of Govern
or's Appointment-Asks People
of District for Reelection.

Representative Henry u. Clayton of
Alabama made public last night his letter
to President Wilson expressing his will
ingness to remain at the head Of the jul
dietary committee of the House and an
nouncing that he will not seek election
to the United States Senate in contest
with Representative Underwood. At the
same time he also made public his letter
to Gov O'Neal resigning as the appointee
for the Senate to fill the place made va
can by the death Of the late Senator
Johnston.
The letters were made public after sew
eral days of conference in which the
President, Gov. O'Neal, former Gov. w.
D. Jelks and other Alabama political
leaders took part. The entire subject of
the Alabama senatorial situation was
gone over. AT the end of the conference
it was thought best by all concerned that
the Presidents letter should be made pub
lie. The matter is now settled. except
that it reopens the question as to Gov.
O'Neal's right to make an appointment
to the Senate under the new direct cleo
tons amendment to the Constitution.
Governor Is Undecided.
Il have not decided what course I will
follow as regards filling the vacancy re-
sulting from Senator JohnstOn's death, y
said Gov O'Neal last night LAS the Sem
ate has not yet passed on Mr.. Clayton s
credentials, the situation is the same as
when the vacancy first occurred. 1 have
n in m right
appoint a temporary successor to Senator
Johnston, but / will not act in the mat
ter until after returning to Alabama and
consulting with legal advisers. There
seem to be conflicting opinions in the Sen
ate as to whether the governor may ap-
point, whether he may issue writs OF
election for a special election or Wheth er
he must call the Legislature into special
session before an election can be called. .
In making public his letter to President
Wilson last night Mr.. Clayton reiter-
ated the brief statement he made yester-
day in acceding to the Presidents wish
that he remain in the House.
Il can do no less he said, than fol-
low the express and repeated wish of the
President to remain in the House and con-
tinue as chairman of the great judiciary
committee. provided, Of course, the wish
es of the democrats in the third congress
sional district Of Alabama are in har-
mony with the expressed judgment and
desire of the head OF the party.
Il have, therefore. rendered to the
Governor Of Alabama my resignation of
the appointment to I'LL the vacancy Gre
Joseph F. Johnston, and will be a cam
didate for reelection to the House.
Clayton's Letter to President.
Representative Claytons letter to Presi-
dent Wilson follows:
Your letter Of October ~ was duly de-
livered by special messenger. OF course
1t gave me great pleasure to know your
kind opinion of my past services and the
possibilities of usefulness you consider me
capable of in the succeeding sessions OF
Congress. My work heretofore in its con-
nectiOn with you has been exceedingly
pleasant l have been in hearty sympathy
with all Your patriotic plans and pur-
poses. in SO far as l have known them.
Il have consulted with such friends as
i could reach and they have agreed with
me that I should look upon the wish ex-
pressed by you, as the head of the party,
as imperative. 1 will, therefore, give no.
tice of my intention to remain in the
House during the present Congress and
retire from the race for the Senate from
Alabama and submit the matter of my
reelection as representative to the loyal
democrats of the third congressional dis
trict of Alabama.
l said to you in person in our conversa-
ton at the White House last night, that
am very deeply appreciative of, and
grateful for, the great compliment you
have paid me in your letter.
Name of Successor Not Made Known
Gov. ONeal would give no intimation
yesterday as to whom he would select as
successor to Mr.. Clayton for the sena-
torial post, in case he determined that he
would again make an original appoint
ment. Suggestions in democratic circles
that the appointee might be Representa-
tive Oscar Underwood. who is a candidate
for the long senatorial term beginning in
1915, brought out statements from many
democrats that they believed President
Wilson also desired Mr.. Underwood to re-
main in the House as support to ad-
ministration policies at least through the
next session of Congress.
The credentials OF Representative Clay
ton as senator, which are Cancelled by
his resignation sent to Gov. ONeaI yes
terday, were presented to the Senate
several weeks ago, and referred at once
to the committee on privileges and cleo
tons. That committee has not yet come
to any conclusion as to his eligibility to
a seat in the Senate. but is now relieved
Of the troublesome issue.
Under the direct elections amendment
to the Constitution ratified last spring
many leading members Of the Senate
claimed that the governor had no right
to make an appointment, but must con-
vene the legislature and arrange for a
special election.