The Birmingham age-herald. [volume], August 15, 1913, Page 3, Image 3

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

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

                
Gives Out Opinion Rendered
to Sustain Contention
Made in Appointing
Clayton
PROVISIONS OF THE
17TH AMENDMENT
Governor Declares Only Two Senators
Wired He Should Secure Author
ity From Legislature—Brick
ell's Opinion Exhaustive
Montgomery, August 14.—(Special.)
In view of the press reports from
Washington to the effect that Repre
sentative Henry D. Clayton was ap
pointed United States Senator from
Alabama regardless of the advice of
every democratic member of the Sen
ate, Governor O'Neal today issued a
short statement to the effect that the
only telegrams he has received from
Washington since the death of Senator
Joseph F. Johnston were from Sen
ators John W. Kern and Senator K. M.
Simmons, both of whom suggested that
lie should secure authority from the
legislature before filling the vacancy.
Simultaneously with his statement
relative to the advices which he has
received from Washington in regard to
the senatorial situation, the governor
authorized the publication of the opin
ion of Attorney General Robert G.
Brickell, advising him that he had the
power to appoint.
The opinion of the attorney general
goes into a complete analysis of the
situation and contains citations from
many legal authorities and cases rel
ative to the appointive power.
"In order to prevent any state from
being for any length of time without
Us proper representation in ihe Sen
ate," says the attorney general, "it was
provided by section 3 of article 1 that
the executive of the* state might make
a temporary appointment until the next
meeting of the legislature anti the
seventeenth amendment has provided
for a like purpose that the legislature
may empower the executive to make
an appointment until an election by the
people."
The attorney general's opinion is as
follows:
^\uorney General s opinion
“Jinn. Emmet O’Neal, Governor, Capitol:
"Dear Sir:—Your letter requesting me
to advise you as to the course you should
pi rsue in reference to the vacancy in the
Senate of the United States of America,
caused by the death of Hon. Joseph F.
Johnston, one of the senators from this
state, received.
"In determining this question, it is
necessary to consider and construe the
seventeenth amendment of the constitu
tion of the United States, which is as
follows:
" ‘The Senate of the United States shall
be composed of two senators from each j
(•late, elected by the people thereof, for
six years, and each senator shall have
one vote. The electors in each state shall
have the qaulil'ications requisite for the
electors of the most numerous branch of
the state legislatures.
"When vacancies happen In the repre
sentation of any state in the Senate, the
executive authority of such stale shall
is: ue writs of election to fill such vacan
cies; provided, that the legislature of any
state may empower the executive thereof
to make temporary appointments until
the people fill the vacancy by election as
the legislature may direct.
" ‘Tills amendment shall not be so con
st! ued as to affect the election or term of
any senator chosen before it become*
valid as a part of the constitution.’
"In connection with section .1 of article
1 of the constitution, which it amends, and
also in connection with article 5 of the
consttlution, which provides for and au
thorizes amendments to the constitution,
with the restriction: ‘That no state with
out its consent shall be deprived of its
equal suffrage In the Senate.’
"The primary purpose of the seven
teenth amendment of the constitution was
to change the method of electing sena
tors, and to provide for their election by
the people direct instead of by the legisla
tures of the several states, and also to
provide for the filling of vacancies which
occur where the senator has been elected,
and to provide for the filling of such
■vacancy by the people in such manner
as the law may provide, instead of by the
legislature at its next session as was
provided by section 3 of article 1.
"In order to prevent any state from
being for any length of time without its
proper representation in the Senate, it
▼ ns provided by section 3 of article 1 that
the executive of the state might made a
temporary appointment until the next
meeting of tlie legislature, and the seven
teenth amendment has provided for a
like purpose that the legislature may
empower the executive to make an ap- i
pointment until an election by the peo
ple.
“It will thus be seen, that in both the
seventeenth amendment and section 3 of
article J of the constitution, all proper
! safeguards were provided by prevent an
unnecessary vacancy in the representation
cf any state in the Senate.
“The seventeenth amendment further
provides: ‘This amendment shall not be
ho construed as to affect the election or
term of any senator chosen before it be
comes valid as a part of the constitu
tion.’ And In order to determine what ef
fect this provision of flie amendment has.
we must bear in mind the facts of the
particular case now before us, which are
—that Senator Johnston was elected by
the legislature of Alabama as a senator
of the United States fo rthe term of
six years, beginning March 4. 1909, and
expiring March 3, 1915, under the pro
visions of section 3 of article 1 of the
constitution, and that the term for which
he was elected lias not as ye£ expired,
and will not expire until March 3, 1915.
Also, that the seventeenth amendment
became effective as a part of the con
stitution of the United States by the proc
lamation of the Secretary of State of the
United States, on the 31st day of. May,
1913; and that the legislature of Alabama
has not been in session since the seven
teenth amendment to the constitution was
proposed, and that there has been no
opportunity for legislation in tills state
which could carry into effect the pro
visions of this amendment, Insofar as
legislative action by the several states Is
rendered necessary.
“That the provisions of the third sec
tion of the amendment were embraced
In the amendment, not for a permanent
purpose, but for a temporary purpose,
that is, to preserve the Integrity of the
Senate as a constitutional body, until such
a time as its membership could be elected
in accordance with the provisions of the
amendment, no reasonable man can
doubt. Nor'can it be doubted that it
was knowui and recognized at tlie time
the amendment was flamed and sub
mitted for ratification, that this change
would require time within which, to be
come operative.
1 The framers, therefore, advisedly pro
vided. not only that Its adoption should
not affect the election, but also that It
should not affect the term of any sen
ator chosen before Its ratification.
“We are, therefore, forced to consider
and determine the meaning of the word
term' as used in the third section of
the seventeenth amendment.
“In 38th t’yc. p. 184, in defining the word
‘term,’ it Is said. ‘As applied to time, a
fixed period; a determined or prescribed
duration: the time for which anything
lasts; any limited time.’
“That the term of office of an officer
is separate and distinct from tlie person
exercising the duties of the office, there
can be no doubt. In State vs. Sayre, 118
Ala.. 1, this distinction is recognized, both
in the opinion of the majority of the
court, written by Brlckell, chief justice,
in the concurring opinion of Justice Mc
Clellan, and in the dissenting opinion of
Justice Head, in which latter opinion it
is said:
‘The phrase “term of office," in ordi
nary parlance, means the fixed period of
time for which tlie office may be held.
And we have a statutory rule for the
construction of statutes, requiring that.
In construing statutes, “words and phrases
shall he taken in their plain, ordinary
and usual sense’’ except that technical
words and phrases having a peculiar and
appropriate meaning in law, shall he un
derstood according to their technical Im
port • * * Going to tiie standards of
our language wh find that a term means
the time for which anything lasts; any
limited time; the term of life. * * • And
turning to authorities they announce that
the expression “term of office” uniformly
designates a fixed and definite period of
time. * * • So that whether we take
the phrase “term of office’’ In its ordi
nary or popular sense, or In Its technical
import. It means one and the same thing,
a fixed and definite period of time. Of
course every such period of time, in order
to he fixed and definite must have a point
of beginning, and a point of termina
tion, equally fixed and definite.’
“To the Sciuie effect see citations under
head ‘Term of office,’ in Yol 8, Words
and Phrases, p. G920-21.
“The provisions of section 3 'of article
1 of the constitution of the United States
dividing the Senate Into classes, so that
the term of one-third of the senators
should expire every two years, and fix
ing such uniform period for the expira
tion of their terms of office Is in no man
ner affected by the seventeenth amend
ment. nor was it ever intended that they
should be so affected, ami, therefore, the
word ‘term’ was embraced in the seven
teenth amendment, in addition to the
word ‘election.*
“I am, therefore, of the opinion, and
so advise you. that as to the vacancy
caused by the death of Senator Johnston,
the power and duty imposed upon you by
section 3 of article 1 of the constitution
of the United States remains unaffected
by the adoption of the seventeenth amend
ment for the reason that this amendment
by its express terms postpones its opera
tion in the case of a vacancy occurring
as this one did, until the expiration of
the term, which the encumbent was hold
ing at the time of the adoption of the
seventeenth amendment.
“T am further strengthened In this con
clusion because any other conclusion
would deprive the state of Alabama of
its right to equal suffrage in the Senate,
of which no amendment to the constitu
tion of the United States can deprive It
under the provisions of article 5 of the
constitution of the United States above
referred to.’’
PERSONAL
Samuel B. Sterne has returned from a
visit to Atlantic City, New York and
Washington. Mr. Sterne called on Con
gressman Oscar Underwood while in the
Capital City and was In Senator John
ston’s office when his death was an
nounced.
Here’s a Drink That’s
Beneficial
Aids fNrJ^Buffalo Rock
geS,l<y§J Ginger Ale \
M I Hi It; is a coolin£> refreshing, ■
M fiahftoi thirst <luenchin& summer bev- ■ .
I era8’e_M deliffhtful a» it is ■
f AHBjf Physicians recommend it for ■
I A/ ■ its stimulating effect on the m
I I digestion — prescribe it m
pppP^^ I for convalescents.
At Your Grocers
cUrfAtoA°c
^?—Si^lsfeamaGr?fry'Co'
COMES AND SEED TO
MEET IN DEBATE
Dallas Voters Will Hear Ri
val Candidates at Sum
merfield Thursday
Selma, August 14.—(Special.)—Ex-Gov
ernor B. B. Comer and Walter D. Seed
will meet in joint debate at the barbecue
which will be given by the residents of
Summerfield next Thursday for the bene
fit of the Selma-Summerfield college Tor
girls, which will open its first session
in September. It will be the first oppor
tunity the voter* of Dallas county will
have to hear the two candidates in joint
debate and some new developments in the
campaign are expected.
The debate will be attended by a large
number of the voters of both Dallas and
Perry counties, and the people of Sum
merfield are making preparations to en
tertain at least 2000 visitors on next
Thursday. H. S. D. Mallory of Selma
will act as master of ceremonies and will
introduce the speakers and will also de
liver a short address. Col. W. W. Quarles
of this city will also deliver a political
address to the crowd who Is expected to
attend.
STRUGGLE BETWEEN
SULZER AND GLYNN
OVER GOVERNORSHIP
IS STILL UNSETTLED
(Continued from I’nge One)
han not yet taken place but D. Cady
Herrick, chief counsel for Sulzer. In
dicated that such procedure was like
ly to be followed.
An important move on ibe part of
Air. Glynn is looked for tomorrow, but
he declined to say what form U would
take.
With the situation Ihus complicated
various departments of the state gov
ernment marked time today and with
one exception made no open announce
ment of their attitude toward either
claimant.
Lieut. Col. Edward B. Howard of the
staff of Adjutant General Hamilton
called on the lieutenant governor today
and formally recognized the author
ity ot Air. Glynn by asking If there
were, any orders he cared to transmit
to tile adjutant general. who was
about to leave town. Mr. Glynn had
none.
"It is perfectly clear to both Gen
eral Hamilton and myself." said Lieu
tenant Colonel Howard later, "that
Aiartin H. Glynn is the acting governor
of this state. The national guard as an
organized body cannot take orders
from Governor Sulzer until be clears
himself."
Secretary of State Mitchell Mav also
was reported b%- one of Mr. Glynn's
friends to have recognized the claims
of the lieutenant governor and it was
said he would refuse Governor Sulzer
access to the great seal of the state of
New York, which is kept in the sec
retary's office. Before the office was
closed tonight a heavy chain and pad
lock were placed on the seal to pre
vent its unauthorized use.
Used on Certificates
rl he great seal is used on all certifi
cates. signatures, all papers to county
clerks and judges and other official
communications. It is placed also on
I all pardons, proclamations issued by
i the governor and similar documents,
with the exception, however, of requi
sitions. For the latter the governor
uses the privy or executive seal, which
is kept in his private offices.
In anticipation of any attempt on the
part of the Glynn cojitingent to oust
him from the executive chamber Gov
ernor Sulzer today had new ’ locks
placed on the two doors leading to his
private office.
Governor Sulzer made no effort todav
to resist service upon him of the as
sembly’s articles of impeachment and !
the summons of the senate calling
upon him to appear before the court
of 1 impeachment on September 18.
tares lor Wife
The governor went from the Capitol
tonight direct to the bedside of his
sick wife. At his request his friends
and attorneys refrained from calling
at the exective mansion tonight and
the governor devoted himself solelv to
the care of Mrs. Sulzer. He was much
relieved when Dr. Robert Abrahams,
the attending physician. Informed him
that her condition was improved.
Mr. Glynn in the capacity of acting
governor; Senator Wagner, as acting
lieutenant governor, and Speaker Smith
sitting as the board of trustees of pub
lic buildings on Monday next, will open
bids and award contracts for work in
the Capitol involving about $300 00ft
The exclusion of Mr. Sulzer' from
participation In this meeting is ex
pected to result In an attack by his
supporters on the legality of these
a wat da.
HENRY LANE WILSON
IS REPRIMANDED BY
PRESIDENT WILSON
sf/oittinned from Page One)
of the suggestions implied in the Amer
lean note.
Mqch lias been left to Mr. Lind's discre
tion. but it was stated authoritatively
that no change in principle would be made
in the communication which he carries,
and he is instructed to carry out to the
letter the general programme outlined
hero • for him before he went to Mexico
City.
While there is no official announcement
forthcoming, it is geenrally understood
that the communication which Mr. Lind
bears is substantially a reiteration of
President Wilson’s Latln-American state
ment issued early in his administration,
in which he pointed out that the United
States must prefer in Its associations
those governments which were set up
through law and order, rather than
those which sprang into being through
irregular and arbitrary forces.
Tt also Is accepted that the communi
cation points out that recognition by the
United States can be extended only to a
government which is created through a
constitutional election. it is President
Wilson’s hope that a suspension of hos
tilities may be brought about in Mexico
and an early election called.
To Come Up Again
The Mexican situation promises to come
up again in the Senate tomorrow as Sen
ator Penrose planned tonight to make
an appeal in behalf of Sherley C. Hulse.
who with his wife and daughter is said
to be in danger in Chihuahua. Hulse is
a son-in-law of Lieutenant Governor Rey
nolds of Pennsylvania.
Secretary Bryan today dispatched a
telegram to the American consul at
Juarez instructing him to use a courier
if necessary to get word to tlie Ameri
can consul at Chihuahua to take measures 1
to relieve the Plulses.
Advices to the state department from
Guaymas reported conditions peaceful!
there. Comparative quiet prevails around
the city of Durango, which is held by
constitutionalists, and no restriction*
against the departure of Americans arc
reported.
Ambassador Wilson had no comment
to make tonight on Secretary Bryan’s
action, but intimated that he might have
something to saV tomorrow. The ambas
sador was in conference during the even
ing with Senator William Alden Smith, a
•w'tnber of the foreign relations commit
tee
_ ■
Figures Reached This Year
Near the Fourteen Mil
lion Mark
Selma, August 14.—(Special.)—The high
water mark In tax valuations of Dallas
county was reached this year, according
j to the books of Tax Assessor J. H.
| Lumpkins, which have just been closed.
Thfc figures reached this year are near the<
$14,000,000 mark and next year it is ex
pected these figures will go still higher
and the valuation of real estate and per
sonal property continues to enhance in
value.
The books of Tax Assessor J. H. Lump
kin. which have just been closed, snows
an increase in values for IBIS' of $423,775
over the preceding year. The valuation
Is reached by the increases made by Back
Tax Commissioner Hagerty and which
were allowed by the court of county rev
enues. The raises made by Back Tax
Commissioner Hagerty amounted to $208,
820, while the increase in penalties made
for non-assessing amounted to $9559.
The real estate valuation tills year is
placed at $8,802,673, against $7,999,250 last
year. Personal property this year is val
ued at $5,442,005, against $5,331,105 last
year. Penalties this year amount to $77,
665, against $68,005 last year.
Bessemer News
Bessemer, August 14.—(Special.)—The
many friends of Rev. F. B. Powell will
be blad to learn that he has reconsidered
his determination to resign the pastorate
of the First Christian church and will
continue In charge of that church again.
It was the intention of Dr. Powell to
accept a lucrative position in the busi
ness world, but after deliberation and at
the solicitation of a large number of his
church members he has decided to con
tinue church work.
On Saturday afternoon a number of
Bessemer people will leave for St. Simons
Island, where they will spend two weeks
taking advantage of the sea bathing and
fishing.
Many Pythians of Bessemer attended
the seventeenth semi-annual convention
of the Third Pythian district today at
Dolomite. Among the delegates going
from Bessemer are: Past Grand Chan
cellor B. Clay Jones. E. L. Asberry, T.
E. Adams, Edward Pell, J. R. Moore,
E. A. Tubb, Dr. Robert T. Smith. E. P.
ITuey, E. P. Johnson, E. R. Fountain,
Sam Stein. Will Harding, C. T. Cooke and
J. A. Lewis.
The Music club was delightfully enter
tained this afternoon by Mrs. Hugh Mc
Eniry at her home on Dartmouth ave
nue. Upon the arrival of the guests Mrs.
Cecil Cowan served tea and sandwiches
on the veranda. Those on the programme
were: Mrs. W. B. Rue. Mrs. Cecil Cowan,
Miss Orrie Keith, Mrs. George Stevenson.
Mrs. John Perkins. Mrs. E. L. Huey. Af
ter the programme Mrs. Harold Fickett
gave a piano number. Tempting refresh
ments were served after a short business
session.
Tlie Thomas H. Holt Encampment No.
30 of Bessemer, Woodmen of the World,
will hold its regular meeting Friday night.
A full attendance is urged, as important
business will he looked after pertaining
to the grand encampment, which will
convene in CuttThan September 2.
CITY COMMISSION
WILL MEET TODAY
The board of city commissioners will
meet this afternoon at 3 o’clock and take
up routine business. There is nothing of
special importance slated to come up at
the meeting.
Commissioner Weatherly stated that a
copy of the petition of a number of cit
izens complaining of the telephone service
had been forwarded to the telephone com
pany as wel as a copy of the complaint
tiled by Mr. Barber. In reference to
Mr. Barber's complaint, Mr. Weatherly
stated that it would be some time before
any action could be taken on it, as con
siderable correspondence was involved. He
said, however, the matter would be
reached at the earliest possible time and
a decision announced.
RADCLIFFE BACK
FROM TRIP TO EAST
William C. Radcliffe, secretary of the
Birmingham Chamber of Commerce, has
returned from a two weeks' vacation in
the east. Mr. Radcliffe visited Detroit,
Boston, Worcester, Mass., and other
cities, and combined business with pleas
ure by investigating the work done by
the commercial bodies of these cities.
Spending the greater part of his vaca
tion at Worcester, be gave a lengthy in
terview' on Birmingham to the Worcester
Daily Telegram, setting forth the indus
trial and commercial advantages. He
also pointed out the mineral wealth and
agricultural possibilities, giving a com
prehensive review of Birmingham, Its
standing and greatness.
Deaths and Funerals
Florence Vivian Mills
Florence Vinian Mills, aged 2 years,
died yesterday morning. Funeral serv
ices were conducted from the family resi
dence, 316 South Sixty-fourth street, at
4:30 o’clock yesterday afternoon. Inter
ment was In Forest Dili cemetery.
Winifred Drake
The remains of WJnifred^Drake, the
23-months-old daughter of Mr. and Mrs.
E. E. Drake, 167 Fifty-second street, who
died Wednesday in a local infirmary, were
sent to Millport yesterday afternoon for
interment by the S. W. Woodln Under
taking company.
Miss Lenore Greer
Funeral services over the remains of
Miss Lenore Greer, who died yesterday
morning, were conducted yesterday aft
ernoon at 4 o’clock from the family res
idence, 1005 Twentieth street, North. In
terment was in Elmwood cemetery.
SHAW, the Undertaker. Phone 9
LIGE LOY. Undertaker. Phone 769
JOHNS Undertaking Co. Phone 1002
After
Shaving
AIR-FLOAT Talcum re
moves the shiny redness
and gives that smooth,
natural, wholesome cffccf
that men covet.
PUFF CO.
id Manuiacturen 1
Bush Terminal Building
Brooklyn, N* V.
LOLA NORRIS TELLS
Even More Emphatic Than
Predecessor
DAY BRINGS SURPRISES
Judge Again Cautions Jury in l)iggs
Caminetti Trial—Miss Warrington
Strengthens Narrative—Worn
men Present
San Francisco, August 14.—l.ola Nor
ris followed" Marsha Warrington on the
witness stand today and repeated vir
tually unchanged but even In stronger
terms the story of seduction, intimidation
and elopement from Sacramento to Reno,
on which the government bases its prose
cution of Maury I. Diggs and Drew Cam
inetti under the Mann act. The trial of
Caminetti will follow that of Diggs, now
in progress.
The day was punctuated by a series of j
minor surprises. Juror Bliss showed ai
disposition to question the good faith of
the government in withholding from evi
dence a transcript of the story told by
Marsha Warrington to the assistant dis
trict attorney of Sacramento county on
the way home from Reno after the ar
rests, which is now in the possession of
the prosecution, lie was instructed by
the court that the jury would take cog
nizance of nothirtg except what came
regularly before it.
Curiosity as to his state of mind in
creased when after the noon adjournment
he was 15 minutes late, but Judge Van
Fleet accepted suavely his statement that
he had misunderstood the instructions as
to when lie should return.
Repeats caution
In dismissing the jury tonight the couU
repeated the usual caution and at the
same time explained the particularly em
phatic admonitions he gave yesterday.
"I don’t want to be understood,” said
the judge, "as having implied yester
day that there was a well founded sus
picion as to the integrity of the jury.
The suggestion I had in mind came
from one of my own attendants, but
it did not mean that anyone knew
anything of a sinister nature about,
anyone on this jury. It was suggested
that a man resembling a member of
this jury had been seen talking with
someone connected with the defense.
During a 10-minute recession in the
afternoon session photographers and
moving picture men invaded the court
room and there was a flurry among
the principals in the case and the wom
en spectators, all of whom covered
their faces. One photographer was ar
rested and fined $50. The court con
fiscated his negatives.
Earlier in the day the court com
mented sharply on the presence of
women.
“I see some very young women in
the rear of the courtroom.'' said the
judge. “Are they accompanied by their
mothers or chaperons?"
One of the girls replied that they
were.
“If that’s the case.” said the judge,
‘‘then the responsibility is on them and
not on the court."
Concludes Testimony
in the morning session, Marsha War
rington concluded her testimony on cross
examination when Judge Van Fleet cut
short the questions of Nathan Cogiilan
for the defense, with a curt statement that
they were eliciting nothing new or ma
terial to the case.
On her third day of testifying Miss
Warrington strengthened her first direct
narrative. She showed herself to be not
only a positive, but a quick witted wit
ness, and took advantage of every oppor
tunity to disconcert the attack made on
her.
When her memory failed her as to the
questions asked and answered on the way
back from Reno, she was prompt to em
phasize her motive in submitting to ques
tions on tlie train.
‘‘To shield Mr. Diggs.” she explained re
peatedly.
When Bhe admitted that she had talked
with counsel for the government about
tiro testimony she was to give, her ac
count of her instructions was this:
‘‘To tell the truth.”
Contrary to expectations. Lola Norris,
who followed her, was the more out
spoken of the two. She was never at a
loss for an answer; her replies were dis
tinct, specific and full, given with her
eyes on the interrogator.
In all the essentials her narrative was
the same as that of Marsha Warrington.
She reaffirmed that the elopment to Reno
vtas brought to pass only by threats of
exposure if they remained in Sacramento;
that marriage had been promised before
and after their flight, and that Diggs
bought the tickets.
"My mother could not stand the shock,’’
she lestified she had objected to the argu
ments of Diggs.
‘It always takes bullets to kill,” Diggs
had replied; "I guess she'll get over :t
all right.”
KNOX DECLARES
O’NEAL MISLEAD
BY HIS ADVISORS
(Continued from Pngf One)
some other cases. He has been singu
larly unfortunate In the advice he has
taken to guide him in his action at im
portant junctures. When he acts on his
own Independent judgment I have great
respect for his opinion, but I am con
fident in this case he has allowed him
self to he over-persuaded and that the
appointment is one which he has
adopted as one of mistaken expediency
and not one which acting independently
he ordinarily would have made.
"I was out of the state and had no
opportunity to confer with him with
reference to the Important constitu
tional questions involved. I felt it my
duty, however, to communicate to him
my views on these questions, and I did
not omit to do so. While in Washington,
understanding that he himself had
readied the conclusion that he had no
right to make an appointment to fill
the vacancy, but that he intended to
call a special election for this purpose, I
I sent the following telegram to our
congressman from the Fourth congres
sional district of Alabama.
Telegraphed Blackmon
“Hon. Fred I,. Blackmon, Birmingham,
Ala.:
“Senator Bacon tella me he Is clear in
Ilia opinion that without action of legisla
ture the governor has no right to call spe
cial election to fill vacancy In Senate. He
says Senators Root and Sutherland have
expressed similar opinion*. Underwood
Expresses opinion that emergency here
Is such thht special election could not be
lelri in time to meet the difficulty. Sena
tor Bacon thinks this 1* question for Sen
ate to decide since Senate I* Judge of '
qualifications of It* own members and
beyond jurisdiction of the Attorney Gen
eral of United States. Present these !
views to governor and wire me his and
your opinion. JOHN B. KNOX
Later on. not hearing from our con
gressman. I wired Governor O'Neal di
rect as follows:
“Hon. Emmet O'Neal. Birmingham. Ala.:
“Before finally deciding consider these
points: First. If quick election Is held,
will there be time for any party nomina
tion and In hurdle race with many candi
dates might nut a republican slip In. Sec
Getting the Boy
Ready for School
Porter Clothing, the best at regular prices,
is now offered at low figures.
This is an excellent opportunity to get
the hoy ready for school without stretch
ing your purse strings. Try it.
>
Cheviots, worsteds, serges—sizes 6 to
18 years.
Boys $.5.00 Wool Suits.$3.75
Boys $6.00 Wool Suits.$4.75
Boys $7.50 and $8.00 Wool Suits .$5.75
Boys $8.50 and $10.00 Wool Suits.$6.75
Boys’ $12.50 Wool Suits.$8.75
Boys’ $15.00 Wool Suits..$10.75
One-Third Off on Price of
Boys’ Wash Suits
In September—
Coming—Shoe Department at Porter’s
for the sale of women s, misses’ and
girls’ fine footwear.
1922-24 FIRST AVENUE
ond, Senators Bacon, Root and Suther
land hold you have no authority to order
election and a contest in the Senate over
the right of successful candidate might
prevent his getting a vote on tariff bill.
Third, if special session Is held authoriz
ing you to appoint your appointee will
have clear and undisputed title to his
seat. I suggest these points for your
consideration as your personal friend,
since vast public interests are at stake.
•JOHN B. KNOX. 1
TWO SENATORIAL
MUDDLES CAUSE
MUSS IN SENATE
(Continued from Page One)
was appointed as provided by law before
the new amendment was adopted and his
teim cannot be affected. The point now
under discussion as to Maryland is wheth
er or not the senator who will be elected
in November in the special election called
by the governor, and who is supposed to
succeed Senator Jackson, after the legis
lature meets, will be entitled to his seat
because the election was called without
the consent of the legislature as provided
in tiie new amendment.
Some senators hold that he cannot be
seated, others hold that he can. Just as
some hold that Governor O'Neal has a
right to issue writs of an election to pro
\ i.»a ’ successor to Senator Job
without calling the legislature together
and others hold that lie cannot.
Presents Credentials Today
Washington, August 14.—Representative
Henry L). Clayton of Alabama will pre
sent his credentials tomorrow as successor
to the late Joseph F. Johnston as United
States senator. Appointed by Governor
O’Neal to serve out the term of Senator
Johnson, Mr. Clayton will face tlie unan
imous opposition of the leading lawyers
of ills own party in the Senate, who are
convinced that Governor O'Neal had not
made the appointment in conformity with
the seventeenth amendment to the con
stitution.
The Senate leaders are agreed that a
special session of the Alabama legisla
ture must be called before the governor
will have authority to name a senator.
It became known tonight that Repre
sentative Oscar W. Underwood of Ala
harna, democratic leader in the House, and
mentioned as senatorial possibility, does
not expect to be a candidate for an ap
pointment to fill out Senator Johnston’s
term, in the event Mr. Clayton is not
seated. It is possible, however, that Mr.
Underwood will enter the Held in for
the long term.
AMUSEMENTS
“Along the I’ike" at Orpheum
The audience, to see "Along the Pike
are large. Every afternoon and twice
nightly the Orpheum Is comfortably filled
Ttere is a matinee dally at 2:30 o'clock
and two performances nightly, at 7:30 and
9 o'clock
Majestic—.Motion Pictures
An hour and a half of motion picture
are offered at the Majestic this week in
“Zlgoraar 111" and "Balaoo," Imported
films of dramatic Interest. There is a
matinee every afternoon at 2:30 o’clock
and two performances every night, at 7:30
and 9 o’clock.
Strike is ('ailed
Flat River, Mo., August 14.—A strike of
the lead miners In St. Francois county
was called tonight to take effect Saturday
morning. About 6000 men will be affected.
The local exectulve committee of the
Western Federation of Miners refused to
compromise on a wage Increase or 15 cent,
a ^a>. offered yesterday.
Dothan, August 14.—(Special.)—One per
son was fatally injured and six others
painfully hurt last night when an auto
mobile run Into a drove of sheep six
miles east of Dothan on the Ashford
read and turned turtle almost completely
demolishing the car.
Mr. and Mrs. Homer Williams, their
four small children and Miss Hutto were
returning to their home in Ashford after
spending the afternoon in Dothan when
the accident occurred. All were thrown
| from the car, the loungest child having
i.ls leg broken and head bndly cut. He
is reported as having succumbed to ids
injuries.
Mrs. Williams’ arm was broken and she
was otherwise bruised. Miss Hutto suf
I iored a dislocated hip. Mr. Williams and t
| tlie other children were severely bruised.
O’NEAL DECLARES HE
DID NOT DISREGARD
SENATORS’ ADVICE
fContinued From Page One)
and Simmons are the only two telegrams
I have received from any member of the
Senate. Neither Senator Overman or any
other member of the judiciary committee |
have sent me any telegrams, given me
any advice, or made any suggestions as
to the course 1 should pursue to meet the
emergency created by tlie death of Sena
tor Johnston.”
*‘1 Never Closed My
Eyes Last Night”
How often have you
been forced »ay
these very words. You
evidently have never
tried
which gently regulate
your system and stir
your liver to action.
Sugar red or plain
—iC • it/g ist.
|r Foreign^Trad^l
is constantly increasing ilj
Getting Your Share? I
If not lot us toll you how to d* It I
Juat address 1
EXPORT DEPT. i
New York Commercial I
Bryan’s Chautauqua Lectures
Beginning Sunday, Wm. Jennings Bryan’s
five most famous lectures will be published in the
SUNDAY AGE-HERALD
The first lecture in the series which will ap
pear Sunday, August 17, will be entitled
“THE PRICE OF A SOUL”
These lectures delivered by Secretary of State
Bryan have attracted nation wide interest and
Mr. Bryan is the most highly paid lecturer in
America.
The lectures are the result of years of study
and will be worth preserving.
i....... - •