The Birmingham age-herald., 1914-01-18
Committee Votes 9 to l
Against Seating Gov
ernor's Appointee
GOVERNORS COURSE
is NOT YET DECIDED
Is Believed to Be Considering Calling
Special Session, Although He
Refuses to Make Any
Definite Statement
By c. e. STEWART

Washington, January 17.--tSpecial. The
Senate committee on privileges and ele-
tions voted today to make an unfavorabl bic
report to the Senate in the case of Frank
p. Glass the vote being almost unanimous
against the seating of appointee of the
governor of Alabama.
Only one member. Senator Bradley OF
kentucky republican, voted in favor of
Glass. The committee voted in favor of
seating Blair Lee of Maryland, who was
elected by the people.
In deciding today that Blair Lee, demo
orat, of Maryland, should be seated as
senator to succeed Senator jackson, re-
publican, and that Frank p Glass of Ala
bama is not to be seated to succeed the
late Senator Johnston, the Senate com.
mittee on elections determined that the
seventeenth amendment now is in full eff
feet; that no supplemental legislation by
state legislatures is necessary and that
the governor of a state has authority to
call special election, where machinery
for such an election exists.
Passes Upon Report Monday
The Senate will pass upon the commit
tees report Monday.
In the Maryland case one republican,
Senator Kenyon of Iowa. voted with six
democratic members to scat Mr.. Lee. In
the Alabama case only Senator Bradley,
republican, of Kentucky favored seating
Mr.. Glass Democratic leaders expect op-
position from the republican side before
vote Is reached on the Maryland case. No
minority report in the Alabama case j.
expected.
The two cases. said Chairman Kern,
were vastly different. In the Alabama
case, proponents of Mr. Glass maintained
that the seventeenth amendment was not
in effect because the state legislature had
not met to supplement- it with machinery
to carry II out and that therefore the old
laws were in force.
In the Maryland ease the validity of
the anlendment, was recognized and effort
made to carry it out through existing
election machinery. course which was
ratified by a big majority of the voters
of the state. In Alabama the amendment
was ignored and in Maryland 1t was
sought to carry out the spirit of the
amendment
Mr. Glass was appointed by the gov
trnor to fill the unexpired term of Sem
ator Johnston who died after adoption
OF the amendment. It was the second
appointment made by the governor. Rep
lesentative Henry D. Clayton. who was
first named, resigned before the commit
tee had determined upon his credentia s.
Many democratic senators had urged the
Alabama governor not to make the ap-
pointment, the general opinion being that,
as the Alabama legislature had not pro-
vided under terms of the amendment,
for filing vacancies. that such an ap-
pointment would not be legal
Proponents of the governors position
argued that the amendment would not
be effective in states which had made no
provision for such emergencies and that
the old law would prevail until supple
mentary action had been taken either by
the legislature or Congress.
If the action of the committee is Sus
tanned it determines that the amendment
Is now in effect; that state legislatures
must now direct governors as to fillins.
vacancies. The Alabama legislature was
not in session when Senator Johnston
died. The governor was urged to call
a special session to authorize him to aD-
Point successor in accordance with the
amendment. He did not do so.
In the Maryland case Senator Jackson
was appointed before adoption of the
amendment When 1t had been ratified
Governor Goldsboro, a republican, called
senatorial primary election. Blair Lee
was victorious. 1t was declared that the
election was irregular because it had net
been called by the legislature. The com :.
mittee seemed to think tnat Mr.. Lee was
entitled to his seat because he was chosen
y direct vote of the people waving the
technicalitv as to who called the elec
tion