Evening capital news. (Boise, Idaho) 1901-1927, 1916-02-14

that should Dewey run, Haines would
not enter the primary race, but this
may not neces sarily follow. Haines
and Dewey are close personal friends,
but the hackers of Haines claim he has
first right-of- way to the gubernatorial
nomination and until he reaches def
mite decision Dewey must remain in
the background.
Another important incident in politi-
cal circles was the calling off of the
Idaho State Bar association meeting
scheduled to be held last week for the
purpose, it generally became known. to
endeavor to have resolutions adopted,
protesting the confirmation of the nom
nation of Louis F. Brandeis to the su-
preme court OF the United States. Re
publican and Democratic attorneys
were in open opposition to the nomi-
nation of Brandeis, but he was not
without his friends. Some OF the older
attorneys counseled against taking ac-
ton of this kind as even the state bar
association would have no influence in
the confirmation of nominee for jus
tice of the supreme court, and 1t was
not within the province of the associ-
alton to register either approval or
protest in q matter of this kind. The
Ada County Bar association was called
for the same purpose, but no action
was taken. Realizing the attitude of
! the more prominent attorneys of the
state, it was decided not to precipitate
controversy before the state 'associa-
ton and the proposed meeting was
called off. Democrats figure this was
shrewd piece of politics as it does
not place the members of their legal
fraternity in the light of attempting to
repudiate the president.
II cannot come within the province
of the governor of the state of Idaho
now, as it was when James H. Hawley
was governor, to fill a vacancy in the
United States senate by appointment.
Negligence on the part of the Twelfth
! legislature brought about that situa-
ton. That distinguished body Of SOL
ons ratified the seventeenth amend
ment of the constitution of the United
States providing for the direct election
of senators and taking that power from
house joint resolution No. 2. found on
page $50 of the session laws of the
1918 session. In that resolution Is
found the following provision: When
vacancies happen in the representation
of any state in the senate, the execu-
tive 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
ments until the people fill the vacan-
cies by election rs the legislature shall
direct" This is part of the amend
ment, yeti even though the legislature
had this before it that body failed to
pass the necessary legislation to en-
power the governor to fill a vacancy in
the United States senate by appoint
ment. The last legislature failed to
pass such legislation and today the
only way a vacancy in the senate could
be filled in this state is by waiting
until the next regular election or by
calling a special election for that pur-
pose.
Captain E. G. Davis, one OF the frst
to announce his candidacy for the Re-
publican gubernatorial nomination
appears to have fallen out with his
former colleagues of the last Republi
can administration. He makes what
are said to be some rather serious