The Harrison times., 1916-10-07
MUST BE ELECTED NOV. 2
.HfF rEEIE t.Itt - #'..i -
II Hays Delays, DEMOCRATIC State Gen.
traI Committee Will Be Called and
asWiii Name Candidate to Be Voted
I-, Upon at the Decentralization. a
Little Rock.

Ggsi1iJ a'7.2. 's.'
.",.' "a.''. Little Rock
| A successor TO the Late Uniteu
States Senator James p Clarke must
be elected, because, since the seven
teenth amendment TO the constitution
of the. United States became. effective,
May. 81, 1913, the governor has no au-
thority to fill such vacancy by ap9
pointment. Unless Governor Hays
calls a special election, the Democrat
ID State Central Committed will be
called and will nominate candidate
who viii be voted upon at the general
election November 7..u.Such- action
would. be necessary to. protect the
Democratic party against Republicans
nominating a candidate and electin8
him at the general election. Names OF
candidates must be certified on the
ticket 80 days before the election.
Z - The discovery that the governor
cannot appoint to fill the vacancy in
the, Senate. which will fall as a bomb
shell in many political camps was
made. known by half a 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 ArkanEi
sas aiegisiatupe4.t0 comply with the.
sevepteenth amendment TO the: eoonsti-
tutioRs of the United States BY author,
izing the geyerpog2 70 make such ap'
,pointpsnts,,,The apepfdment, which
has. been in forge since, Nay 81 1873
. changed the form of choosing. senators
from election BY the state legislature,
70 direct Election by the people
p 4 clear al. > Precedent IN the Situation
confronting ARKANSAS was established
i'm 1913 tipg7Alabama, ,g; soon after the
seventeenth samepdm ent5 to the e9nstaa
,eution became, egfgsetiye. Senator 10
seph +, Jqhaston: Of qf that state; died ed Aq;s w
gusts, 1921 Soy, EImmet iI QNeaal ap, a.L
pointed Judge Henry p, Clayton to
succeed him, When Judge Clayton
came before the, Senate Credentials
Committee, the committee learned
that the Alabama legislature had made
no pr0visi6n' for the appointment .9ir
senators to. 4ill,yaGa4cies since the
constitHi Hional amendment Was effect
i've. ,ThereupQn the committee in2
T. formed Judge Clayton that he was not.
eligible to, be seated. The Judge with
drew his credentials and a special
election Vas called to fll.the vacancy.
&" TIE provision in TIE seventeenth
Eartlendmneht to the constftutiot, affect
. ihg2the present situation, -fo4I0ws: '57
SvattAft1iese hapYeh in the rep
I resentation Of any stats, the executive
authority oof such statei 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
meht qntil the people fill the vacah
'tieSs by election as the legislature may
direrea1 H7Ji&@" hT& 9"'aai"| .,.,
y The Arkansas legislature has made
no provision for the governors filing
such vacancies by appointment, as
provided in the amendment. w]1
aeTheg only provision of the eonstitu
,tionI of Arkansas Applying in any way
TO the, case is article 6. section %
f which provides: gelq2 >,}a@H 3a
! 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 a commission, which shall
expire when the person elected to fill
said office; at the next general elec
ton, shall be duly qualified" ."."''. ng
The only statute of the state which
! applies is section 1858 Of Kirby's Di
I gest, which provides as follows:
IamtWhen any vacancy shall happen IN
thtf office of any member Of Congress
from this state, by death, resignation
removal or otherwise, it shall be tho
duty of the governor by proclamation
to order an election to be held on o
certain day named in such proclama
tion, TO All such vacancy, and such
election shall be conducted in tbs
sans. manner, and the returns thereol
made, as herein prescribed for genera
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 2S5$ furnishes spG
ficieht authority FOR the governor t
make an appointment to FIJI the vacan
cy caused by Senator Clark's death.
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