Evening star., 1939-10-03
Senate May Bar
Chandler if He Quits
To Take Logan Seat
Protest in Case of
Erickson of Montana
Resulted in Threat

Erickson Of Montana
Resulted in Threat
BY G. GOULD LINCOLN.
If Gov. A. B. Happy" Chandler
of Kentucky resigns and has him
self appointed to the Senate to fill
the vacancy caused by the death
early today of Senator Logan, he
may find himself confronted with
an embarrassing situation.
Members of the Senate do not
relish the idea of a Governors ele-
waiting Lieutenant Governor for
the purpose OF having himself
named Senator. Such case hap
pened in 1888, when the then Gov.
John E. Erickson of Montana re-
signed his position and the Lieu
tenant Governor appointed him to
fill the vacancy caused by the death
of Senator Walsh. who had been
picked by President Roosevelt to be
his Attorney General.
A strenuous protest was filed at
the time by Federal Judge Bourquin,
alleging that Mr.. Erickson had made
a deal with the Lieutenant Governor
by which the latter was to become
Governor and in return Mr.. Erick-
son was to be named to the Senate.
Mr.. Erickson replied that there was
no deal-that all the Democratic
political factions had united on him
as a compromise appointee to the
Senate.
Might Not Seat Him.
A subcommittee of the Senate
Privileges and Elections Committee
looked into the matter and even-
tually it was allowed to drop. How
ever, there was serious criticism of
the propriety of a Governors taking
advantage of his position to have
himself appointed to the Senate
particularly through the elevation
of Lieutenant Governor to the
governorship. The plain intimation
was given that if any such trans
action occurred in the future, the
Senate might hold it unethical and
decline to seat the Governor -Sena-
tor"
Reports received here today from
Kentucky indicated that considera-
ton was being given to the posi-
bility of Gov. Chambers resigning
and having himself appointed to the
Logan vacancy, after Keene john
son, the Lieutenant Governor, had
taken Gov. Chambers place as chief
executive of the State. 1t. Gov.
johnson is the Democratic nominee
for Governor at the election which
is to be held in November. Mr..
johnson won the nomination with
the support of Gov. Chandler over
candidate who had the backing of
Senator Barkley, Democratic leader
of the Senate. Last year Senator
Barkley, supported by President
Roosevelt, defeated Gov. Chandler
in the Democratic senatorial pri-
mary.
May Wait for Election.
1t was suggested today that Gov.
Chandler might continue as Cover
nor until after Mr.. johnson has
been elected a month hence-as Mr..
johnson is expected to win-and
then resign with the understanding
that he would be appointed to the
Senate in Senator Logan's place.
Or, Gov. Chandler might serve out
the rest of his term in Frankfort
and after Mr.. johnson has actually
become Governor, receive appoint
ment to the Senate.
In either of these cases, however,
it would be necessary to leave a va
cancy in the Senate during the pres
ent special session, or to fill it with
an appointee who would Immediately
resign when the time came for the
Chandler appointment.
Gov. Chandler, it was said, has
been ambitious to come to Washing
ton aS Senator-and for that rea-
son 1t was expected here by Ken
tuckians that some course would be
followed calling for his appoint
ment. If appointed, he would serve
until the election is held In Novem-
ber, 1910, and undoubtedly he would
be a candidate then to succeed
himself.
Time Too Short.
The time, it was said, is too brief
before the election next month for
nominations to be made to fill the
Senate vacancy, under State law, or
otherwise a special senatorial elec-
ton would be held then.
Gov. Chandler, a vigorous and
colorful figure, broke sharply with
the Roosevelt administration last
year when he insisted upon running
against Senator Barkley. The Presi-
dent, during the primary campaign,
spoke for Senator Barkley during q
trip across Kentucky to the West. .
In the gubernatorial primary this
year 1t. Gov. johnson defeated John
Young Brown, who had not only the
backing Of Senator Barkley, but also
n