The Birmingham age-herald., 1914-02-04

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general debate when Senator Walsh
called UP the majority report of the
elections committee, which recommended
that Mr.. Glass be denied a seat on the
ground that the governor of Alabama had
no authority to appoint him under the
terms of the seventeenth amendmen.
without especial authorization from the
state legislature.
The report also contended that the
governor should have called special
election.
Bankhead Urges Glass
Senators Bankhead. Bradley and Clapp
of the elections committee, and others
were prepared to urge that Mr.. Glass
be seated; that technicalities should be
waived and that the state of Alabama
should not be deprived of its share of
representation in the Senate until the
November election.
Senator Walsh said he had heard in
timations that democratic senators were
inclined to reject the committee recon.
mendation, feeling that to exclude Mr..
Glass would be to deny Alabama full
representation in the Senate.
He wished, he said to present a COM
plete view of the legal aspect of the
case before any action was taken.
The theory of the law argued in behalf
of Mr. Glass, he declared, was that the
amendment to the constitution could be-
come operative in any state only upon
supplementary action by Congress or by
the state Legislature.
''If you seat Mr.. Glass; said he, you
affirm that theory. You declare that the
old system still is in force in Alabama
and will remain in force, despite the
amendment, until further action is taken.
THE situation next November. when
the legislature meets, will be the same
as it is now, and senator might then
be elected in the old way.
why were not the people of Alabama
given an opportunity to elect their SEN
ator as was contemplated when the sew
enteenth amendment became valid?' in
quired Senator Walsh.
1T was just such subterfuge operating
to defeat the will of the people or to
prevent them from expressing their will
that gave strength to the public demand
for change in the method of electing
senator's
I'VE did well to commend the people
of Maryland for their patriotism in rec
ognizing the seventeenth amendment and
we ought to say to Alabama, Go thou,
and do likewise i"
Senator Robinson declared he was un-
willing that Alabama should not be fully
represented, because of an ambiguity in
the amendment which was due to the
stupidity of Congress-
He insisted that a United States SEN
ator was a state office and that Ala
bama statutes gave ample warrant for
the Glass appointment.
No Inconsistency with the Senate's ac-
ton in the Maryland case would result
from seating Mr.. Glass, he declared.
Offers Substitute
Senator Robinson offered a substitute
for the committee report which would
declare Mr. Glass entitled to his seat
Throughout the debate Mr.. Glass sat with
Senator Bankhead.
Senator Williams declared, "the COM
mon sense of the amendment demanded
that no state be denied any part of
its representation
Senator Thompson of Kansas contended
that If Alabama was denied equal repre-
sentation in the Senate 1t was because
the governor of Alabama had failed to
call a special election.
Its simply up to the governor" de-
clared Senator Thompson
Senator Bradley argued there would
be no inconsistency shown by senator's
who voted to seat Blair Lee of Mary
land. If they voted to seat Mr. Glass.
You voted to give effect to the statutes
of Maryland so why not vote to give
effect to the Alabama statutes?" asked
Senator Bradley.
Quoted Late Senator
Senator Bankhead of Alabama quoted
the late Senator Pettus as his authority
for seating Mr.. Glass.
Senator Pettus used to say to young
lawyers, When in doubt, make a bee
line for Justice, common sense and hon
esty, said Senator Bankhead. THAT is
what we should do in this case"
Senator Reed of Missouri announced he