Evening star., 1934-08-10

The victory of 29-year-old Rush D.
Holt over field of eight aspirants for
the Democratic senatorial nomination
in West Virginia promises to make that
one of the most interesting contests in
the elections this Fall, in view Of the
constitutional provision fixing 80 years
as the minimum age limit for Senators.
II Holt, who will do battle as sup
porter of the new deal, should win
over the Republican incumbent, Sena-
tor Henry D. Hatfield, he would still
be approximately six months shy of
the 30-year age requirement when the
next regular session of the Senate con-
venes in January.
Aside from the speculation over the
legal question involved in Hollis age,
his nomination serves to direct atten-
ton to the tendency in recent years OF
young men to seek membership in the
Senate.
Clay Cited as Example.
In response to the question of the
age limit, Holt has pointed out that
Henry Clay was seated in the Senate
before he had reached the age of 80.
Holt also cites another provision in
the Constitution. which says each
branch of Congress shall be the
Judge of the qualifications Of its own
members.
Records at the Capitol indicate that
in Clay's case the age question appar-
emily was not raised when he pre-
sented himself to be sworn in. Clay
was born April II, 1777. In the Fall
of 1906 he was chosen by the Ken
lucky Legislature to fill vacancy in
the United States Senate caused by
the resignation of John Adair.
The annals of Congress show that
on December 29, 1906, he presented
himself, was sworn in and served until
March. During that session he was
several months short of the 3o-year
age requirement.
Record Of Senate.
The record of Senate proceedings for
December 29, 1906, contains this brief
entry:
Henry Clay, appointed Senator
by the Legislature Of the State OF
Kentucky, in place OF John Adair, re-
signed, produced his credentials and
took his seat in the Senate.
The credentials of Mr.. Clay and
Mr.. Reed philip Reed of Maryland)
were severally read, and the oath was
administered to them as the law pre-
Scribes"
That Clay lost no time in becoming
an active figure in Congress is indi-
Gated by the fact that the next day
he was one of several Senators des-
ignated to report on the naval ap-
preparations bill for the following
year.
The Biographical Directory Of the
American Congress, compiled few
years ago. in referring to this first
period of service by Clay states.
which service was rendered in con-
travention Of the 30-year age require
ment of the Constitution.
In the history of the House of
Representatives there are also at least
two precedents involving the question
of the age limit for members. For
that branch of Congress the Con-
stttution prescribes an age limit of
25 years.
Failed to Take Seat.
In the Thirty-sixth Congress John
Young Brown Of Kentucky was elected
member Of the House for the term
from March, 1859, TO March, 1851.
He was born in June. 1885. In this
case the Biographical Directory of
Congress states that, by reason of not
having attained the age required by
the Constitution, he did not take his
seat until the second session of that
Congress.
There was another case In 1897,
when William Charles Cole Clairborne
was elected to the House from Ten
neSsee In this instance it appears