Evening star., 1946-12-22
TaInnadge Death
May Give ArnaII
Another Term
Georgia Constitution
Provides No Specific
Succession Procedure
BY the Associofed Press

ATLANTA, Dec. 81. Battle
lines for an unprecedented legal
and political struggle for success
sion to Georgia's governorship
were shaping up tonight after
the death Of Governor -elect Eu-
gene Talmadge at 7 am. today.
Authoritative sources said retiring
Gov. Arnall, who ousted Mr.. Tall
madge from the Governors s mansion
four years ago, would refuse to va
cate the Office until conflicting views
on constitutional requirements are
resolved. Under a new State con-
stitution, Gov. Arnall is ineligible to
succeed himself, but the constitu-
ton also provides he shall serve un-
til his successor is chosen and quail
ified."
Legal authorities said this could
mean a four-year holdover, until the
election of new Governor in 1850.
Gov. Arnall today said discussion Of
successor to Mr.. Talmadge would
be highly inappropriate at this
time"
Mr.. Talmadge, the red-gallussed
advocate of white supremacy" and
bitter foe Of high taxes and the
late President Roosevelt's New Deal
program, died at Piedmont Hospital
here. He was to have assumed his
fourth term as Georgia's Governor
on January IA. An attending physi-
clan said the Governor-elect had
been aware since Tuesday that he
was dying and that he had voiced
anxiety concerning the political fu-
ture OF the State after his death.
Ignored Doctors Orders.
A doctor, who asked that his
name be withheld, attributed death
to cirrhosis of the liver and hemo-
lytic jaundice, complications super
induced by stomach hemorrhages
which began October 3. Last sum-
mer, Mr.. Talmadge rebelled against
his doctors orders and made 272
speeches In bitter Democratic pri-
mary In which he was victorious,
under the Georgia unit system OF
voting, over James v. Carmichael,
former Gov. e. D. Rivers and Hoke
O'Kelly, despite the fact that Mr..
Carmichael polled greater popular
vote.
As speculation rose on Gov. Ar
nails plans, Herman Talmadge, son
of Mr.. Talmadge, was mentioned as
his successor. Sources high in Tai
madge councils forecast the Legis-
lature would elect him and said If
Gov. Arnall refused to surrender the
ofiice to Herman Talmadge, "the
LEGISLATURE would impeach him and
appoint enough sergeants-at-arms
to throw him out OF the Capitol" !"
However, there was some uncer-
tainty whether the Legislature,
which meets January 13, could elect
an alternate Governor. Constitu-
tionally, as soon as 1t convenes, 1t
must canvass votes in the general
election and declare as Governor
the man who won a clear major
ity. Only if no one receives a ma
jority may the Assembly elect a
new Governor from the two top
candidates. Talmadge sources said
they would argue that dead man
legally is not "a person" thus void
ing the Talmadge majority and
opening the way for a special elec-
ton.
Thompson's Status not Clear.
The status of M. E. Thompson,
elected as Georgia's first lieutenant
governor under the new, constitu-
ton adopted in August, 1915, was
not clear. He would have succeeded
to the governorship if Mr.. Talmadge
had died after Inauguration and
would have held Office until state
house elections in 1948.
Fred Hand, scheduled to become
speaker of the next Georgia House
of Representatives, advocated a spe-
cial election, "the sooner the bet
ter"
Meanwhile, Gov. Arnall ordered
the State Capitol closed today and
Monday and said Mr.. Talmadge's
body would lie in state tomorrow in
the capitol rotunda. AS an express
sion of official respect, Gov. Arnall
said he and elected statehouse off,
GERS would attend the funeral at
pm. Monday at Mr.. Talmadge's