The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-11-12
LEGISLATURE MUST
PASS FINALLY ON
BRANDON ELECTION
Law Requires SoIons to Ex-
anime Certificates of All of
States Constitution
al Officers
STATE CAPITAL BUREAU
THE AGE-HERALD.
MONTGOMERY. Ala. Nov. II


Everybody knows that Judge
W. W. Brandon of Tuscaloosa was
elected governor of Alabama In the
election Tuesday, but everybody does
not know that It will be necessary
for the legislature of Alabama in
January to take the last step in the
process of making a governor. Il
will be necessary for the legislature
at a joint session during the week
preceding the Inauguration to open
the certificates OF the election Of
ficials and determine that Judge
Brandon received a majority of the
votes In the general election.
This same step must be taken by
the Legislature in declaring all con-
stitutional officers elected. Pro-
vision for this means of determining
the election of officers created by the
constitution Is made in article II of
the code OF 1907. In addition to the
governor, the other constitutional Of
ficers are the lieutenant governor,
attorney general. state auditor, sec
rotary of state. state treasurer.
superintendent of education and
commissioner OF agriculture.
Returns on the election of all Of
ficers created by statute are made
to the secretary of state within Is
days after the election and the can
vass is made by the governor. secre-
tary of state and attorney general
or two. of such officers The gov
ernor Is required to issue a procIa-
nation Immediately after the election
showing what persons have been
al ~ 1Ff - ~to -
with the exception of members OF
the legislature and the proclama-
tion must be published in Montgom-
cry, the capital. The supervisors OF
elections IN the counties make the Of
ficial proclamation regarding the
election of members OF the legisla-
ture.
Must Issue Certificates
After the official certificate OF
election of members OF the legisla-
ture are received by the secretary OF
state he is required to issue GER
tificates of election to the members
of the new legislature, who will pre-
sent them to the speaker of the house
or president OF the senate when the
legislature is organized.
If the inspection of the official re-
turns by the legislature should show
that two candidates for governor had
received the same number of votes, Ii
would be the duty of the Legislature
at joint session of the house and
senate to ballot on the candidates
the one receiving the highest num-
Der of votes of the legislature being
declared the governor of Alabama
This didn't happen in Alabama, but
the provision was made to care for
any emergency which might exist
Governor Kilby is made the GUS
todian of the official certificates re-
garding the constitutional officers
and 1t Is his duty to deliver the Of
fetal returns unopened to the
speaker of the house of representa-
tives after the speaker has been
elected.
When the governor has delivered
the returns to the speaker of the
house he must within the first five
days of the session of the legislature
In the presence of a majority of the
members of the legislature, open the
returns ascertain and pro-
claim the result of such election
after which such returns shall be
filed and kept in the office of the
secretary OF state. subject to the in
spection of any elector OF tho state
But the duty of opening the re-
turns and declaring the results is
purely ministerial on the part OF the
speaker and the legislature as the
code says specifically that no dis
cretionary authority is conferred
upon them in the proclaiming of the
result of the election.
Penalty for Failure
If any officer of the state or any
county fails to make the returns pro-
yided by the code within the time
allowed by law he will forfeit to the
state $500. Any solicitor is given the
right to make motion for the re-
covery of the penalty and the certifi-
cate of the secretary of state or
speaker of the house that any officer
has failed in his duty is accepted as
presumptive evidence that the officer
did fail or neglect to make the re-
turn.
Citizens OF Alabama will not be
forced to walt until January to know
the official result of the election on
the state seaport amendment and the
cities tax amendment. These returns
must be filed with the secretary of
state -yithin 16 days from Friday, the
date on which the official canvas SIS
was made in the counties.
At the end Of Is days from Friday
Governor Kilby. Attorney General
Harwell G. Davies and William p.
Cobb. secretary of state, will open
tho envelopes containing the certifi-
Gates and will canvass the vote for
and against the amendments. Cover
nor Kilby will issue a proclamation
showing whether or not the amend :
ments have been ratified in accord
ance with the constitution.
pncEc Ac HIGHWAY