The log cabin Democrat., 1916-10-03
ELECTION REQUIRED 10 FILL VACANCY GOVERNOR CAN'T APPOINT Central Committee to Nominate U. s. Senator Unless Hays Calls
 Special Election.
Arkansas Gazette, October 8.

Arkansas Gazette, October 3.
 A successor to the late United States Senator James F. Clarke must be elected, because, since the seven- teenth amendment to the constitution of the United States became effect i've, May 31, 1913, the governor has no authority to fill such a vacancy by appointment. Unless Governor Hays calls a special election before Friday next the Democratic State Central Committee will be called and will nominate a candidate who will be voted upon at the general cleo tion November 2. Such action would be necessary to protect the Demo- cratic party against Republicans nominating a candidate and electing him at the general election. Names of candidates must be certified on the ticket by next Saturday, 30 days be- fore the election.
 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 yesterday morning by half a dozen of the best known legal au- thorities in the state, who investi- gated the legal status of the situa- tion. The situation arises from the failure of the Arkansas legislature to comply with the seventeenth amendment to the constitution of the United States by authorizing the governor to make such appointments. The amendment, which has been in force since May 31, 1913, changed the form of choosing senators from election by the state legislatures to direct election by the people.
 Governor Hays last night declined to discuss the matter. He said he will not discuss the legal status of the situation or anything pertaining to the selection of successor to Sen ator Clarke until after the late sen ator's funeral The governor said he has refused to discuss the matter with his closest friends.
 A clear precedent in the situation confronting Arkansas was establish ed in 1913 in Alabama, soon after the seventeenth amendment to the constitution became effective. Sen ator Joseph F. Johnston of that state died August 8, 1913. Gov. Emmett O'Neal appointed Judge Henry D. Clayton to succeed him. When Judge Clayton came before the senate ere dentials committee, the committee learned that the Alabama legislature had made no provision for the ap- pointment of senators to fill vacan- cies since the constitutional amend ment was effective. Thereupon the committee informed Judge Clayton that he was not eligible to be seated. The judge withdrew his credentials and special election was called to fill the vacancy.
 In the two other states where senators have died since the amend ment was adopted, Maine and Indi- ana, the legislature had made pro- vision for the choosing of successors. The Indiana legislature in 1915 au- thorized the governor to appoint t> fill vacancies in the senate from that state. Thomas Taggart was appoint ed to succeed Senator Shively. The Maine legislature in 1915 passed an act specifically providing that the governor should call special elections to fill such vacancies. The Demo- cratic governor of Maine was nere- by prevented from appointing sue cessor to Senator Burleigh.
 The provision in the seventeenth amendment to the constitution, af- fecting the present situation, fol- lows:
 When vacancies happen in the representation of any state, the exc cutive authority of such state shall issue writs of election to fill such vacancies; provided that the legis- lature of any state may empower the executive thereof to make temporary appointment until the people fill the vacancies by election as the legisla- ture may direct"
 The Arkansas legislature has made no provision for the governors fill ing such vacancies by appointment, as provided in the amendment