Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-11-16
NJ LENDON NOT To ]
CERTIFY GEORGE S
ELECTION At ONCE
Georgia Woman, Appointed
by Governor, Is Hopeful
She viii Be Received in
Senate as Member

Complications of an interesting, if
not serious nature, developed We'd
nesday in the question whether Mrs.
Rebecca Latimer FELTON, or Judge
Walter F. George would be seated
as the junior senator from Georgia
when congress convenes next Mon.
day morning.
Mrs. FELTON, in Gainesville, was
packing her grip with the an
nounced intention of going to Wash
ington to present her commission as
appointed ad interim senator, and
with the expectation of being seated
because of probable delay in the is
suance of Judge Georges commits
sion.
Judge George in Vienna, was
packing his grip with the an
nounced intention of coming to At
lanta Thursday morning to ask for
his commission, and with the ex-
pectation of obtaining it and going
to Washington Monday morning.
Secretary Of State, McLendon,
who must sign Judge Georges COM
mission and attach thereto the
great seal of the state, was waiting
the return of Governor Hardwick
to call together the canvassing
board consisting of the governor,
the secretary Of state and the comp
troller- general for the purpose Of
declaring the result thereof.
Until that is done," said Secre-
tary McLendon Wednesday, st cam
not sign Judge Georges commission
or attach to it the great seal of
state. The law is definite and spe-
cific. A senator is not elected until
the returns have been canvassed by
the board of three and the result de-
clared by them"
Miss. Myrtle White, executive Sec
rotary to Governor Hardwick, re-
ceived telegram from the governor
Wednesday morning, directing her
to call the canvassing board together
in his name and deliver to them
the senatorial election returns so
that the other two members of the
board in his absence could declare
the result.
Secretary McLendon, on being pre-
scented with this telegram by Miss
White, took the position that the
governor is not authorized by law
to delegate his authority to any one
else by proxy and that no meeting Of
the board can be held until the gov
ernor's return. This was taken to
mean that Secretary McLendon
would not participate in a canvass
of the returns of the general cleo.
ton in the absence of the governor.
Governors Contention
Governor Hardwick was in New
York Wednesday with Mrs. Hardwck
on a vacation visit to friends
and was not expected to return to
Atlanta until next Monday, the day
when congress convenes.
His contention, as stated Tues
day to the Associated Press, is that
Mrs. Felton's commission as ap-
pointed ad interim senator expired
on November 7, the day Of the gen.
eral election, and that it runs no
further beyond that date regardless
the issuance Of Judge Georges
commission.
Of any delay which may occur In
Before leaving Atlanta Governor
Hardwick prepared and signed
Judge Georges commission and pre-
pared and signed his letter Of Gre
dentials. Miss Myrtle White, execu-
tive secretary to the governor, was
ready Wednesday to complete the
commission by obtaining upon it
the signature Of the secretary OF
state and the great seal of state.
But Secretary McLendon stood
firm in his position that he could not
sign the commission until the for
malities of the law had been COM
piled with.
ct cannot call the canvassing
board together" said he. "The
comptroller general cannot call it
together. Nobody but the governor
can call it together. The governor
is not here. Therefore the board
cannot meet until his return"
Judge George informed The At
lana Journal, over long distance
Wednesday, that he was preparing
to leave Vienna Wednesday might
and will arrive here Thursday morn
ing and go at once to the capitol for
conference with Secretary Nc
Tendon regarding the issuance Of his
commission.
Precedents in Senate
Governor Hardwick's contention
which is that Mrs. F'elton's commits
sion expired on the day of the gen.
eral election-was supporte~- We'd
nesday in a letter from Charles F.
Pace, disbursing officer Of the SEN
ate, received by the governor nearly
a month ago and made public at his
office. 1t was dated October IL and
reads as follows:
at think it not arniss as the f1nan-
cial clerk Of the senate, charged with
the duty Of aging the salaries of
senators and all other expenses of
the senate, to inform you respect
fully that there have been numerous
appointees to the senate since the
adoption of the seventeenth amend
ment to the federal constitution
whose appointments, like Mrs. Eel
toms, contain the words, until his
successor is elected and qualified"
or words of similar import. In no
instance ha the appointee held until
his successor was elected and quail
al eI,,--