The Birmingham age-herald. [volume], August 13, 1913, Image 1

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
_THE BIRMINGHAM AGE-HERALD_
VOLUME XXXXIII __ BIRMINGHAM, ALABAMA, WEDNESDAY, AUGUST 13, 1913 14 PAGES NUMBER 99
U NEAL APPOINTS HENRY D. CLAYTON TO FILL
VACANCY CAUSED BY DEATH OF JOHNSTON
Announcement of Appoint
ment Made By the Chief
Executive Yesterday
Afternoon
COMMISSION DELIVERED
TN GOVERNOR’S OFFICE
AFTER BRIEF CEREMONY
Chaotic Senatorial Situation Untangled for Time Being By
O’Neal’s Action—Mr. Clayton Accepts Appointment
and Leaves Today to Present Credentials Be
fore Senate Committee—Action of
Governor Generally Anticipated
By Ij. S. BETTY
Montgomery, Ala., August 12.—(Special.)—Governor
O’Neal this afternoon appointed Congressman Henry 1). Clay
ton of Eufaula, chairman of the judiciary committee of the
House of Representatives, United States Senator to succeed the
late Senator Joseph F. Johnston of Birmingham, who died in
Washington last Friday morning. The governor announced
Congressman Clayton’s appointment shortly after he reached
his office nt the capitol this afternoon, following a conference
which he had with several of his legal advisers at his home.
Clayton to the vacant Meat In the Unit
ed Staten Senate wan not unexpected.
Am Moon a* it became known that the
governor intended making the appoint
ment today there wax hardly any doubt
In the mind* of otTlelaln and vnrloiiM
political leaderM from a number of
placen In the Ntute who came to Mont
gomery lu the IntereMtM of the «Cv
er«| Candida (cm, that 1'ongrcMMmnn
Clayton would he named for the of
fice.
URGED BY FRIENDS
OVER THE STATE
The appointment of CongreNMuiau
Clayton wam urged by him frlendM In
nil pnrtM of the Ntate. During the p»Mt
two daya the governor lias received no
Icmm than 500 telcgrama and letter*
/rom people over the ntate urging the
appointment of one or tlie other candi
date*- Approximately *hree-foiirtIim of
*he iudor«ement« which the governor
received were lu CongreNnmnn ( layton'M
hehnlf.
The governor indicated to The Age-J- er
ald correspondent, when the latter accom
panied him from Birmingham today, t. at
he thought it most likely that he would
make the appointment this afternoon,
stating that he thought it unwise to delay
the matter any longer. It is more than
ptobable that the governor would have
made the appointment yesterday had he
been in Montgomery.
Congressman Clayton accompanied the
governor to Montgomery ancl had an en
gagement with the executive this aft
ernoon. Owing to the fact that the train
from Birmingham was late the governor
went directly home as soon as he arrived
in the city, and did not reach his office
until 4 o'clock this afternoon. Judge John
Pelham, associate justice of the court of
a PI eals, and other legal advisers of the
governor, were with the executive at the
conference which was held at the gov
ernor’s home.
VISITORS THRONG
C APITOL CORRIDORS
During the afternoon the capitol corri
dors were thronged with officials and po*
liiicals from variouB parts of the state,
most of whom were supporters of con
gressman Clayton. The waiting room of
the executive offices was crowded, and
although no one knew' positively that the
governor was about to make the appoint
ment, there was none who doubted it, and
there was scarcely anyone who doubted
that Congressman Clayton would receive
the plum.
The governor announced the appoint
ment at 5 o’clock, following a brief con
ference with Congressman Clayton. Many
of those present in the governor’s office
at the time the appointment was an
nounced had not been able to reach the
governor either in Congressman Clayton's
behalf or in the interest of any other can
didate.
The new appointee was warmly con
gratulated by dozens of friends over his
acquisition of a senatorial title, and the
new senator accepted the friendly senti
ments of those present in a most grateful
manner.
CLAYTON MAKES
SIMPLE STATEMENT
To the press representative Congressman
Clayton said: “I am deeply grateful to the
governor for having appointed me sen
ator. I trust that my long service in the
House has demonstrated my fitness for
this place. T hope that by my continued
faithful discharge of public duty the peo
plo of Alabama will be reassured that the
appointment was proper, and that they
will hold me worthy of election when that
time comes.”
Congressman Clayton received his com
mission within 20 minutes after his ap
pointment was announced, and that im
portant document will be presented to
the United States Senate immediately
upon his arrival In Washlngon, for which
(Continued on l*age Two)
Alabama Executive Dis
cusses Senatorial Problem
in Official Statement.
Authority for Action
Montgomery, August 12.—(Special.)
Maintaining that it was never contem
plated that any state should be deprived
of Its right of equal representation in
the United States Senate and expressing
the opinion that the seventeenth amend
ment does not apply so far as Ailing va
cancies Is concerned, to the term of any
senator chosen before that amendment
became a part of the constitution, Gov
ernor O'Neal tonight issued a statement
relative to his action In appointing Con
gressman Henry D. Clayton of Eufaula
a member of the United States Senate to
succeed the late Senator Joseph F. John
ston.
The governor declares in his statement
that he Is not unmindful of the fact that
an important constitutional question is
presented', but stales that he received the
advice of many eminent lawyers on the
subject and that they concurred with
him that he had the power to apjtoint.
KAFLA1NS position
REGARDING PROBLEM
In explaining his position In regard to
the mooted question, the governor main
tains that the amendment cannot be so
construed as to affect the election of a
senator chosen before It became a part
of the constitution, declaring that the
provision Is made that It shall not affect
"the term of any senator chosen before
it" became ratified.
Governor O’Neal then explains why lie
was not Inclined to the special election
Idea, stating that 40 to 60 days would
have elapsed before the election could
have been held.
I.*e!a> would also have been occasioned
by a special session of the legislature.
The governor concludes his statement
with a tribute to Congressman Clayton,
asserting that "His long training and ex
perience in Congress have demonstrated
Ids ability and great usefulness."
The governor’s statement is as follows:
"Hon. oJseph F. Johnston was elected bv
the legislature of Alabama United States
senator for the term commencing on the
fourth day of March, 1969, and ending on
the fourth day of March, 1915. The un
expected death of Senator Johnston
creates a vacancy In the term of the
lce for which he was elected, and
therefore presents the direct question of
the proper method of filling the vacancy.
T am not unmindful that a grave consti
tutional question is presented, about
which eminent lawyers differ.
"Certainly this construction is the most
expeditious and least expensive method
that can he adopted on the part of the
nV\h. 8e.TP ,he ,1nHl determination
r (his most important question, which of
course must ultimately be passed upon by
the 1 nited States Senate, which is the
sole judge of the election and quallfica
t °n °t Its rftembers. To give any other
(Continued on Page Eight)
Mulhall’s Illness Forces
Lobby Committee to Adjourn
Witness Worn Out With
Continued Examination
Before Congressional In
vestigators
Washington, August 12.—With its prin
cipal witness, Martin M. Mulhall, ill, the
House lobby investigating committee to
day was forced to adjourn until Thurs
day. In the meantime Mulhall, who saya
he has been literally worn out by the
■train of continual examination before the
congressional investigators, will rest under
the care of a physician in an attempt to
lit himself to resume his testimony.
Muihall spent about two hours today
giving the details of hie lobby transaction
with men now in Congress. During that
time he complained of feeling III and Anal
ly the committee was recessed for two
hours to allow him to rest. At the end
of that time his attorney, John \v. H.
Trim, announced that his client's physi
cians said he would not be able to continue
on the stand without a rest.
In a lengthy executive session the com
mittee decided that the Investigation could
not proceed in an orderly way witiiout.
concluding Jdulhall's testimony and an ad
journment was taken until Thursday,
APPOINTED TO SENATE
HENRY' I>. CLAYTON
Mr! Clayton’s home is Kufaula, Ala. He is now chairman of the
House judiciary committee Me was born in Harbour county in >857. He
served one term in the Alabama legislature, where he was chairman of
the judiciary committee. Mr. Clayton was United States district attor
ney from 1893 to 1896 and was a presidential elector in 1888 and 1892. He
was elected to the Fifty-fifth Congress from the Third Alabama district
and is now’ serving his eighth consecutive term in the House of Repre
m
MANY HOLD THE OPINION
THAT SENATE WILL NOT
AGREE TO SEAT CLAYTON
Appointment Will Meet Very General Approval Throughout
State and Puts the Mooted Question Squarely Up to the
Senate for Settlement—Prominent Alabama Lawyers
Will Probably Go to Washington to Argue Ques
tion Before Senate Committee
By HUGH W. ROBERTS
Henry I>. Clayton, appointed by th<:
governor successor to the laie Sen
ator Joseph F. Johnston, may. in vir
tue of the seventeenth amendment, faii
of confirmation.
This is the general Impression in
Birmingham.
The action of the governor in mak
ing the appointment is generally ap
proved. That he named Mr. Clayton it
generally applauded. But the fear h
great that the Senate will fall to seat
the new senator from Alabama.
Yesterday morning when The Age
Herald published the fact that the dem
ocratic members of the judiciary com
mittee were unanimously of the opin
ion that the governor could not ap
point, doubt as to the constitutionality
of the governor’s Intention became
rampant. Yesterday at noon when a
telegram was received by these who
advocated the appointment of John B.
Knox in which Oscar W. Underwood,
judging from his interviews with sen
ators, declared himself as strong in the
belief that an appointee would not be
confirmed, practically, everybody ex
pressed fear that the appointee would
not be able to take his seat.
So certain, as a matter of fact, be
came Mr. Knox that to all practical
(Continued on l*age Eight)
“IT IS MY OPINION
MR. CLAYTON WILL
NOT BE SEATED”
—SENATOR OVERMAN
Democratic Leaders Sur
prised Over Action Taken
by Governor O’Neal
SPECIAL SESSION
IS URGED BY KERN
Predicted by Senators That Mr. Clay
ton’s Credentials Must Go to
Committee on Elections
for Report
Washington, August 12,-JSunprise was
expressed by democratic leaders of the
Senate tonight when thei learned that
Governor O'Neal of AlabatiuPmlMi disre
garded their advice and had appointed
Representative Henry D. Clayton to suc
ceed the late United States Senator J. !<\
Johnston without express authority from
the Alabahm legislature.
“It is my opinion that Mr. Clayton will
not be seated.” said Senator Overman,
acting chairman of the judiciary commit
tee. “The members of the judiciary com
mittee and a majority of the lawyers of
the Senate were of the opinion that the
seventeenth amendment to tlie constitu
tion does not give the governor authority
to appoint a senator except under ex
pressed directions from the legislature.”
It was predicted tonight that when Mr.
Clayton presented his credentials as a
senator objections would be raised imme
diately and the credentials would go to
the committee on privileges and elections
fox a report.
i eiegru pn» u xicoi
Before the news of Governor O'Neal's
action reached Washington, Senator Kern,
leader of the Senate majority, had sent
a second telegram to the governor urging
him to call a special session of the legis
lature to grant him authority to name u
senator ad interim.
Senator Simmons, chairman of the
finance committee, also had sent a mes
sage emphasizing the Importance of Sen
ator Kern’s request. Both senators
i pointed out that it was important that
'•here should he no possibility of a cos
test in the appointment of a successor of
Senator Johnston, owing to the slender
democratic majority on the tariff bill.
Democratic leaders, having lost a vote
through the death of Senator Johnston,
are further worried by the continued ab
sence, on account of serious illness. »f
Senator Culberson of Texas. They have
endeavored vainly to get some Informa
tion as to the probability of Senator Cul
berson’s return in time to vote for the
tariff bill. No word, it is said, can be com
municated to the senator, who is under
going treatment in Connecticut.
Senator Kern declined to give any opin
ion tonight as to Mr. Clayton’s eligibility
to the Senate. As the chairman of the
committee on privileges and elections. Sen
ator Kern would have to preside over
any contest that might be started and
review any objections that might be filed
after Mr. Clayton appears with his sena
torial credentials.
“This is an entirely new question." said
Senator Kern, “and very few of us have
had time to look into It and form any
definite opinion."
Scandinavians Meet
Worcester. Mass.. August 12.—One hun
dred delegates representing 19,000 members
of the Scandinavian Brotherhood of Amer
ica are attending the annual convention
which opened here today. Supreme Presi
dent James P. Hansen of Warrensville,
O.. presided.
ITS A FIGHT TO THE DEATH IN NEW YORK
NEW YORK ASSEMBLY
DEADLOCKED; REPORT
SAYS SULZER’S WIFE
INVESTED IN STOCKS
- i -
Mrs. Sulzer Is Re
ported to Have
Misspent
Funds
CONFESSES TO
SEN. PALMER
Rumored That Governor's
Wife Will Make Startling
Revelation in the Cam
paign Fund Probe
PALMER REFUSES TO
CONFIRM OR DENY
STARTLING RUMOR
On Eve of Governor's Probable Im
peachment Story Is Spread Broad
cast Throughout New York
' Capital—May Make Pub
lic Statement Today
Vnv Turk, \ nulls t 12.—On 1 '**' eve
of Use governor's proltflble I m pen,' li -
meut. Ibe story man sprenil broadcast
th roil u bo uf the nl III 1 ill tonlghl that
Urs. Snlxer hull assumed nil hlnme lor
fhe revelations brought out by the
Kruwlcy In vest Ir:i Hub committee con
cerning the governor's transact Ions In
W nil street.
Ilrs. Sul/er's stalemrnt nos made, ac
cording to this story, fo Senator Poi
nter. She Is limited ns hnvlng told him
this afternoon, “1 am wholly to hlnme
for tills whole nffnlr."
\ It Itougil t he Nlor> wmm me
erty of the city tonight, apparently no
I one could he found who would he
quoted an confirming 14. Governor Stil
ler referred all inquirers to Senator
Palmer, who declined either to con
firm or deny It. He Is reported as hnv
! lug told It to n select coterie of the
' governor’s support cr«.
CONFIDED STORY
DURING CALL
Senator Palmer, a Grand Army vet
eran, called at the executive mansion
this afternoon to consult Governor Sul
25er concerning the dedication of a mon
ument ul Andersonvilie, Ga, Mrs. Sul
zer is said to have confided her store
to the senator during his call.
According to other friends in whom
Mrs. Sulzer has confided, she has de
clared she used some of the governor’s
campaign contributions because she
felt that the household "was in need
of money."
It is reported that Airs. Sulzer Is pre
paring a detailed statement lor pub
lication tomorrow. In this statement
she is said to have itemized all her
transactions in Wall street In which
any of the governor's campaign funds
were involved.
Tlie governor, it is said, knew noth
ing of his wife’s dealings on the stock
exchange until shortly before the
Frawley committee liegart itM invest!- ;
gallon. When he llrst heard tin revel
ations, his friends say. he re. used to
believe them, ridiculed them as a hoax!
and branded them as an attempt to
secure his resignation.
VOLUNTEERED TO
MAKE STATEMENT
Later when il was seen that the
Frawley committee was in earnest in
its jfswesUffaliou, Mrs, Sulzer, it is .i< -
(Continued on Page Nine)
TODAY’S AGE-HERALD
______
1— Clayton named to succeed Johnston.
Many of opinion that Clayton will not
be sealed.
New York assembly uleadlocked.
2— Miss Warrington on stand in Diggs
Caminettl trial.
3— Banks have needed funds to move
crops.
4— Editorial comment.
(j—Society.
7— Sports.
8— Dernopolis ready to launch big al
falfa movement.
9— Lin I wins first skirmish in diplomatic
battle.
10— Government fund will he denied specu
lative banks.
11— Burnett may have opponent in race.
13— Markets.
14— Gain of $02,773 over 1912 in Perry.
Assembly Is Far
From Vote on
Resolution to
Impeach
THREE VOTES
ARE LACKING
Notwithstanding Test V ote,
ftevy Declares Organi
zation Has Enough
Votes to Impeach
| _ 1
VOTE ON RESOLUTION
MAY NOT BE REACHED
UNTIL DAWN TODAY
Mrs. Sulzer's Story Causes Resolution
Testing Strength of Majority.
Assemblymen in - Turmoil,
With Governor's Friends
Fighting to Bitter End
LATE BULLETINS
Alhaay, \ugiut 13.—. Majority l.emler
Levy wnN *1111 speaking at 3RIO• o’clock.
Indication* were then that a vole «»»
the fir*t of a aerie* of motion* planned
by (Governor Nulxer'n friend* to precede
the vote on the Impeachment re*olti.
tion might he reached within nn hour.
Albany, Augu*t 13.— At I RIO o’clock
till* morning the H**cmhly wa* Mtlll
In MCNNlon and apparently wa* far front
n vote on the renolutlon calling for
Rournor Sul/er’* Impeachment.
tibnny, AukumI 13.—IndlciittoftM nt
2 o'clock IIiIm niornluu were Mint (be
n»«ciubl> would uot reach u vote on t he
Sulxer Impeachment resolution for an
hour or more.
Albany, AukumI I a.— At 3 o’clock (IiIn
i mornluit the assembly showed no Ivi
! dleation of tnMnjt; nu curly vote on the
| ^ul«er Impeachment resolution.
% Ihnny. tuguat i:i.—'|'hc bcufnnlnir
Of the eml of the loou session np
| pen red to he In aiuhf shortly nfter .1
o’clock when Aaron J. Levy, the m«
jorlty lender, licuui. his speech defend
inu the resolution nnd iirulnu Its ndop.
Mon.
\ Ihnny. \ Hitust 18.—A declnration
nttrlliuted to Hr*. William *ul/.er. wife
of the governor of New York, tlinl she
hnil ii»e<| her hiishfind's cniiipnlun eon
trlhutlons without his knowledge to In
vest in stocks heeauae she felt the
household needed money, nnd that alie
alone was responsible for his Impeach
ment proceed In us, was made the sub
ject curly this niornlnur «f n motion In
the lower house of fVi«» New 1 ork le«
Is In tu re dehntlnu n resolution to im
peach (iitvernor Sulzer.
It was the first test of (he strenulh
of the democratic ormmlralIon, which
Is oruiinl/.inu the uovcrnor*M Impeach
nient, nnd Indicated Hint the orunol/.n
tlon lacked three votes of the 7U ra
il u I red to impeach.
1 wo of the men who voted against
the organization, however, were said
to be ready to vote for impeachment.
i he motion, made by Republican
Leader Hinman, recited that Mrs.
Sulzer s declaration should be properly
classed under the head of newly dis
covered evidence and warranted post
ponement of further consideration of
the impeachment resolution. The mo
tion was defeated by a vote of 73
to 49. .
HAVE ENOUGH
VOTES TO IMPEACH
Notwithstanding the showing of the
test vote, Majority Leader Levy as
serted that the organization had
enough votes to impeach the governor,
and that he felt it would do so before
adjournment.
The assembly had been in session
four hours when the motion was made.
Indications were that it would not
reach a vote on the impeachment
resolution till dawn today.
Mrs. Bulger's ulleged statement was
(Continued on Page Mae.)
CHARACTER OF LEO FRANK
DEFENDED BY WITNESSES
Endeavors to Show That Defendant Manifested No Nervous
ness On Day After Killing of Mary Phagan—Threat
ens to Ask for a Mistrial
Atlanta, August 12.—Attorneys for the
defense in the trial of JAb M. Frank,
charged with the murder of Mary Phu
gan. today endeavored to prove by wit
nesses that the former factory superin
tendent had shown no unusual nervous
ness at the time the crime was reported,
and to corroborate his statement with ref
erence to his movements on the day of
the tragedy. At the afternoon session At
torney Arnold appealed to Judge ftoan
when Solicitor Dorsey showed much vigv*r
in cross examining Philip Chambers, a
former office boy at the factory where the
murder was committed. Attorney Arnold
declared that if “unfair attacks'* on
Frank's character were not ur..,n.ht to .in
end, he would ask for a mistrial. The boy
wus questioned by Arnold to show tha*
Frank was decorous in his attitude toward
girls In the factory.
Emil Solig, Frank's father-in-law, and
Mis. Sells testified that at about the tim*
the murder is alleged to have been com
mitted. Frank was as usual In appearance
and actions.
Minola Knight, a negro cook In the gelid
home, swore that detectives and her hue
band had persuaded her to sign false t1 f*
fldavits against Frunk, one of which, sht
said, was the statement in which she
quoted Frank as saying he wanted a pis
tol with whieh to kill himself.
The trial will be resumed at 9 o'cloc*
tomorrow morning.