Newspaper Page Text
_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.