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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....... - •