The Ozark spectator., 1916-10-07
HAS AUTHORITY ONLY TO CALL A SPECIAL ELECTION UNDER
 FEDERAL AMENDMENT.
MUST BE ELECTED NOV. '
If Hays Delays, Democratic State Gen. tral Committee Will Be Called and Will Name a Candidate to Be Voted
 Upon at the General Election.
Little Rock.

A successor to the Late United States Senator James P. Clarke must be elected, because, since the seven teenth amendment to the constitution of the United States became effective, May 31, 1913, the governor has no au- thority to fill such a vacancy by ap- pointment. Unless Governor Hays calls special election, the Democrat ic State Central Committee will be called and will nominate a candidate who will be voted upon at the general election November [. Such action would be necessary to protect the Democratic party against Republicans nominating a candidate and electing him at the general election. Names of candidates must be certified on the ticket 30 days before the election.
 The discovery that the governor cannot appoint to fill the vacancy in the Senate which will fall as bomb shell in many political camps was made known by half dozen of the best known legal authorities in the state, who investigated the legal status of the situation. The situation arises from the failure of the Arkan- sas legislature to comply with the seventeenth amendment to the consti- tuition of the United States by author izing the governor to make such ap- pointments. The amendment, which has been in force since May 31. 1913. changed the form of choosing senators from election by the state legislature to direct election by the people.
 A clear precedent in the situation confronting Arkansas was established in 1913 in Alabama, soon after the seventeenth amendment to the consti- tuition became effective. Senator Jo- seph F. Johnston of that state died Au- gust 8, 1913. Gov. Emmet O'Neal ap- pointed Judge Henry D. Clayton to succeed him. When Judge Clayton came before the Senate Credentials Committee, the committee learned that the Alabama legislature had made no provision for the appointment of senators to fill vacancies since the constitutional amendment was effect i've. Thereupon the committee in formed Judge Clayton that he was not eligible to be seated. The judge with drew his credentials and a special election was called to fill the vacancy.
 The provision in the seventeenth amendment to the constitution, anect- ing the present situation, follows:
 When vacancies happen in the rep resentation of any state. the executive authority of such state shall issue writs of election to fill such vacancies; {; provided that the legislature of any state may empower the executive thereof to make temporary appoint. ment until the people fill the vacan- cies by election as the legislature may direct"
 The Arkansas legislature has made no provision for the governors filling such vacancies by appointment, as provided in the amendment.
 The only provision of the constitu- tion of Arkansas applying in any way to the case is article 6, section g, which provides:
 When any office, from any cause, may become vacant. and no mode is provided by the constitution and laws for filling such vacancy. the governor shall have the power to fill the same by granting commission, which shall expire when the person elected to i'll said office, at the next general cleo tion, shall be duly qualified"
 The only statute of the state which applies is section 2S53 of Kirby's Di- gest, which provides as follows:
 When any vacancy shall happen in tht office of any member of Congress from this state, by death, resignation, removal or otherwise. it shall be the duty of the governor. by proclamation, to order an election to be held on a certain day named in such proclama- tion. to fill such vacancy, and such election shall be conducted in the same manner, and the returns thereof made, as herein prescribed far general elections"
 Not taking into consideration the Alabama case. legal authorities think, in view of the recent federal amend ment, that neither the constitutional provision or section 2S5S furnishes sui ficient authority for the governor to make an appointment te fill the vacan. cy caused by Senator Clark's death.
 Matter of Money.