Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-02-07
TECHNlCALlTiES AID
FALL IN THWARTING
OIL LEASE PR0BERS
Continued from Page y
Debate on Point

not reelected after the Coolidge Gle
walton to the presidency.
Debate on Point
In raising this jurIsdictional ques
lion, Fails counsel doubtless viii.
refer to a debate il the senate on
December II, where there was brief
discussion OF The necessity of re
electing the president pro tenn.
When Senator Lodge moved cleo
ton of a senate clerk and all other
officers, Senator Walsh, of Montana.
nemesis Of Fall in the present i'll
vestigation, asked:
Il wish 20 inquire of the senator
from Massachusetts why we should
not elect a president pro tem"'
Senator Lodge replied that, "t'rom
my point of view, We have a presi-
dent pro tenn, and l did not desire TO
delay further the election of officers
Of the senate.
Il inquire" perslstNd Senator
Walsh, why. upon the same line
Of reasoning. we have not d ser
geant Of arms and a secretary"
Senator Lodge replied. Because
they are not selected under a resolu.
ton, similar 20 that under which
the president pro tenn is selected"
But if it becomes necessary at
this time Senator Walsh reasoned,
TO elect a sergeant a arms and d
secretary why is it not equally nee
essary to elect a president pro
temp"
because they are under totally
different resolutions of the senate"
said Mr.. Lodge, who then read the
resolution of the senate of March 7,
1921, declaring that Senator Albert
b, CumminS was elected president
pro tenn ITO hold office during the
pleasure Of the senate" He referred
back to a resolution, adopted by the
senate in 1890. when on motion of
Senator EVarts, the senate held that
it was competent for it to elect a
president pro tenn who shall hold
the office during the pleasure OF
the senate and until another is elect
ed, and shall execute the duties
thereof during all future absences
of the vice president until the sen
ate otherwise orders"
In the senate debate, Senator Cur
It's took a view contrary to that Of
Senator Lodge and held that the
secretary and sergeant at arms of
the senate, like the president pro
tenn, hold Office until successors are
elected. Senator Walsh also finally
said that he thought the case was
on all tours and that if the president
pro tenn holds Office at the pleasure
of the senate, and he thought he
did, then other senate officers like
wise held over Senator Walsh said
he agreed with the senator from
Kansas, Mr.. Curtis.
Il do not think the cases are Just
alike, said Senator Curtis. Il
think the president pro tenn holds
his office until his successor is elect
ed, under the resolution of 1890, I'M
less his term as a senator EXPIRES
The very fact that senators
seemed to differ over the procedure
and used such expressions as II
think" will be employed by the Fall
attorney in support of his argument
that Mr.. Cummins should have been
reelected by this present senate,
particularly in view of the constitu.
tlonal reference to election of
president pro tenn when a vice presi-
dent becomes president of the Unit
ed States.
In addition TO the constitutional
question involved, the attorney will
claim that contempt proceedings un-
der section 104 of the revised stat
utes, must be signed by the presi
dent of the senate or the speaker
of the house and that today there
is no president of the senate.
1t is tacitly admitted that congress
might cure this point by amending
Section 104, and authorizing a tenn
pofary presiding officer to affix the
seal of the senate and cite Mr.. Fall
for contempt. However, it is claimed
that such legislation would be ex-
post facto. Attorney Cooke ad-
mitted today that if a document
comes to the district attorney, signed
by Mr.. CCmmins as president pro