THE WEATHER
FAIR
VOL- XXIX., NO 300.
HUERTA REJECTS
OFUNfTED STATES
'Declares Against Mediation or
Similar Suggestion from
Any Foreign Government
foETS TIME LIMIT
FOR RECOGNITION
Believed to Mean Severance
of All Relations Between
Two Countries
liLEXIOO CITY, Aug. 18. The
I'lUtod States . government has
been given until midnight to.
night by IrMi4(tot Huerta to
f recognize Mexico, it U officially
stated.
Tbe government is not specific
in Uie public announcement as
to what t'oui-He then will bo pur -f
sued but It Is understood that it
means Hie severing of all rola-
Uons between the two countries.
WASHINGTON. Aug. la.-Admlnis-
tratlon officials were puzzled late to
-night when they received the an
nouncement through press dispatches
that ProvSjional President Huerta had
delivered an ultimatum demanding
recognition of his government in
Mexico by the United States.
Secretary Tumulty, at the white
house, read the Associated Press dis
patch from Mexico City received short
ly before midnight, stating the in
tention of the Huerta governetnnt and
Immediately communicated it to Sec
retary Bryan. President Wilson had
retired early and was not awakened.
Secretary Bryan said he had re
ceived merely cablegrams announcing
the rejection by the Huerta govern
ment of the American suggestions for
a peaceful settlement. In the ab
sence of official confirmation Secre
tary Bryan said no announcement
would be made by this government
Huerta Rejecta Plans.
MEXICO CITY, Aug. 18. Provi
sional President Huerta, replying today
Ho President Wilson's note, . which
iwas recently delivered to the Mexl
ican government through ex-Governor
John Lind, refused mediation in the
iMexlcan situation or any similar sug
gestions made by a foreign govern
ment. Mr. Lind has forwarded Gen
eral Huerta's answer to Washington
land Is awaiting a reply.
President Huerta, in his reply, told
the United States that he would toler
ate no Interference, even . though
that Interference might be character
ized as friendly mediation. The char
acter of the reply of Washington to
President Huerta's note will deter-
(Omitimied on Page Five.)
N.G.0EPHTY GOUECTDRS
MAY BE EXPECTED SOON
Collector Watts Confers
With Commissioner Os
borne About Charges.
MANY ELIGIBLE
(By George II. Manning.)
WASHINGTON, Aug. 18. Almost
H complete house cleaning may be
texpeoted among the deputy internal
revenue collectors in North Carolina
Shortly. Collector Watts held a con
ference today with Commissioner Os
borne and the civil service commission
to familiarize himself with the rules
governing the ousting of the present
deputies and replacing them wHh men
who have successfully passed the ex
aminations for deputies held in the
State within the past few days. While
a number of democratic deputies have
been appointed pending the examin
ations they took laM week, the greater
nun.b.-r of republican holdovers will
be discharged in the next few weeks
as soon as the list of eligibles is made
Op from the hundred or more other
applicants who have Just taken the
examinations. It Is probable that
within a month from now it will be
liard to find a republican employe tn
the the internal revenue service in
.North Carolina.
Congresman Godwin, chairman of
the committee on reform in the civil
Service, is on the wr path against the
officials of the railway mall service
who are responsible for the placing
of negroes In positions of authority
over white mail clerks in North Caro
lina. Ills anger was aroused by the
receipt of a letter from the mail clerks
runninc out of Wilmington, who com
plained asainst having to take orders
from negroes. He is not altogether
opposed to the promotion of negroes
but believes they should be segregat
ed and placed in authority over their
own race.
E. L. Auman, recently recommend
ed for appointment as postmaster at
- Aiheboro. today filed his answer with
i tui wit against i
his appolntiAsa
PEACE PROPOSALS
THE
IS
CHIEF EXECUTIVE
OF EMPIRE STATE
Attorney-General Carmody so
Declares In an Official
Opinion
N.Y. ASSEMBLY WAS
WITHIN ITS RIGHTS
Was Legally Empowered to
Consider Charges Against
Gov.Sulzer
ALBANY, JT. T., Aug. 18. Ueir-
tenant Governor Martin H. Glynn is
tne lawful chief executive of Now
York state .pending the outcome of
Impeachment proceedings against Gov
ernor Bubser, according to an official
opinion handed down today by Attorney-General
Thomas Carmody to Sec
retary of Stat-! Mitchell May. Mr. Car
mody holds that the assembly was
within Its rights in instituting im
peachment proceedings at an extraor
dinary kession.
"When th governor Is Impeached
by the assembly," says the opinion,
"all of his powers are automatically
suspended until he has been acquitted
or the impcai hment proceedings dis
missed by the court of impeachment
In the meantime the lieutenant gov
ernor acts as governor. This is the
plain Intent of the constitution. Any
other construction would nullify its
express provision."
With reference to the authority of
the assembly to initiate Impeachment
proceedings the attorney-general says'.
Assembly WlUiin KlglitH.
"It If,' my opinion that if the assem
bly was not assembled, either In ex
traordinary or regular session. It
might assemble Itself and proceed to
the discharge of its power in this re
gard. Otherwise the governor of the
state could prevent the Impeachment
of himself and hit friends In office,
for crimes, however great, after the
adjournment of the regular session of
the legislature, by the simple process
of omitting to call the legislature In
session." '
Neither Oovernor Sulxer, Lieuten
ant Governor Olynn or their counsel
would discuss the attorney general'!
opinion tonight. " " V- 14 " ' T'
The activities of the rival guber
natorial camps during the day cen
tered largely on the escape of Harry
K. Thaw from Matteawan and the
meeting of the pubi'e board to open
bids for reconstruction work In the
capital. The bids for Capitol con
struction were opened In Mr. Sulxer's
presence by Chester C. Flatt, secretary
of the board, an opinion having been
rendered by the attorney-general
that such action met legal require
ments. The Glynn partisans were elated at
the stand taken by the attorney-general,
as it Is customary for the state
departments to heed his legal opinions.
This tends further to isolate Gov
ernor Sulzer from the rest of the
state machinery. The policy adopted
by Mr. Sulzer of screening his offi
cial acts from the public was rigid
ly adhered to today.
Attorney-General Carmody's opin-
(Continued on Page Five.)
E KILLS FORMER
HUSBAND AND FATALLY
Judge Godbee Dies Instant
ly and Wife Lives But
Few Minutes.
WOMAN ARRESTED
MILLEN, Ga., Aug. 18. W. S. God
bee, prominent citizen of this place,
and his wife, Mrs. Florence Godbee,.
were shot to death here today by Mrs. J
Edna Perkins Godbee, from whom he j
was divorced several years ago. I
The shooting occurred at the en-1
trance of the Millen postofflce. The j
divorced woman used a large calibre
revolver, which she had concealed In
a handbag. Without warning she fired l
three shots at her former husband, all j
of them taking effect and killing him !
instantly. She then turned upon Mrs.,
Godbee. inflicting three wounds from I
which she died this afternoon. j
After the shooting, Mrs. Edna Per-1
kins Godbee, replaced her weapon inj
the handbag, and walked quietly to her
home, several blocks distant. She was
later arrested there and held without
bail. She would make no statement,
beyond saying she was perfectly sat-
! Isfled with the sucees of her attempt
Mr. Godbee was well known through
out this section of Georgia, He was a;
member of the board of commission-
ers of Jenkins county, and had been
extensively interested in politics. Al
though both he and Mrs. Edna Per
kins Godbee maintained their resi
dences here after they were divorced,
they were not known to have had any
dealings with one another.
Mrs. Florence Godbee, who married
the murdered man only recently, was
TU1 11!. Jl 1 WlMB
Toungstown. Pa.
n
LAWFUL
ASHEVIL
ASHEVILLE, N C.,
E
sties ny 5
Steamer "State of California"
Sinks In Cambier Bay In
In Three Minutes
MANY PASSENGERS
IN STATE-ROOMS
Survivors Are on Board the
Steamer Jefferson List
of Dead Not Complete
JUNEAU, Alaska, Aug. 18 Twenty
five or mdYa passengers and seven
members of the Pacific Coast Steam
ship company's steamer Stats of Call
fornla, perished Sunday morning in
Cambier bay, 80 miles south of Ju
iienu, when the vessel struck an un
chartered rock and sank In threa
minutes, with many passengers Im
prisoned in their state rooma
The steamship left 8eattle last Wed
nesday night for Skagway and way
points. The purser lost all of his ro-
ords and it is not possible to give a
complete list of the missing.
lead 'ltecovered.
Following is a list of the dead whose
bodies have been, recovered:
Mrs. A. Burnbaum.
Mrs. Stella Reardan.
Mrs. Slant Vanderlas.
Wins Llllie Ward. daughter of Ed
ward C. Ward, asistant manager of
the Pacific Coast Steamship company,
died after being taken off a Hfe raft
Mrs, Nellie B. Ward, mother of Mil
Lilla.
Four unidentified women.
Following Is an uncomplete list of
the missing, who are believed to have
perished:
Miss Anne L. Cassldy.
Miss May Dixon.
W. A. Dyer.
Blanche Frldd.
Mlnette E. Harlan.
Leslie Hobro, manager of the Pa
cific Coast Steamship company's of
fice in San Francisco.
J. Holman.
Miss Alice Johnson.
Lillian B. Norman.
Nick Plttutaa.
Miss Readran.
,t Mrs, V B. -Upkhilt and child. "
Ben A. Wade. ' '
Miss Wilson.
The uninjured survivors, crew and
passengers are being taken to Seattle
on the steamer Jefferson and will ar
rive thero Thursday.
A great hole was torn In the bot
tom of the ship. The veeset, cargo
mall and express, are a total loss. The
ship was valued at 1400,000.
The steamship Jefferson, of the A I.
aka Steamship line, southbound
heardth e wireless call of the sinking
vessel and turned back to rescue the
survivors who had taken to small
boats and life rafts. Ten of the pas
sengers had suffered so severely from
exposure that It was necessary to take
them to a hospital In Juneau for treat
ment.
1 he State of California, an iron
steamship of 2,276 gross tons, was
built at Philadelphia in 187( and ear
ned a crew of seventy five men. For
many years she had carried passeng
ers between Puget Sound and San
Francisco.
JAIL AT SPARTANBURG
Al DYNAMITES WALL
Three Men Shot During
Attack and Portion of
Walls Destroyed.
ASSAULT CASE
HPAIiTANRURCr, R C, Aug II.
Three men, Frank Eopley, J. C.
Owensby and John Turner were
seriously wounded tonieht when a
ss
ncEii
OR MORE PERISH
mou stormed tne county jail in an or- ' , " " ,;day made an extended statement In
fort to lynch Will Fair, a negro prta-1 Representative Calloway, of, '
oner, charged with assaulting a Texas; Bjwdle, of OWo, and other.' " own behalf at .tha close of which
young white woman near here today, talked agUnst the bill, while Repre- the defense announced Its case corn
Sheriff White and a deputy, facing sentatives Weaver, of Oklahoma, and i ,,i,tel.
the mob alone, repeatedly drove them
back with pistol dhots when they ad-
vanced with battering rams.
Members of the moo finally re
turned the fire and In the darkness
the three men were struck. They
were not fatally wounded but were
taken to a hospital for attention.
The young woman was assaulted in
a lonely farm house this morning in
the absence of her husband.
Several charges of dynamite were
exploded late tonight by the mob In
effort to enter the Jail. After they
had blown down a portion of the
outer wall they were impressed by
the show of strength inside the jail
and retired, but threats were made to
return later with nitro-glycerlne which
they proposed to obtain from a rail
road contraction camp. Hundreds
of platoi and rifle shots were fired
when the dynamite was exploded, but
so far as can be learned no others
were injured.
Oovernor Blease was appealed to
late tonight to call out the militia to
protect Fair. He refused, tout
icedtharii-weTrtdTeTrTVit
turn f court to trr the negro.
UAli
TUESDAY MORNING, AUGUST 19, 1913.
IF 0IU OOVT ctr ,
pfterry soon urn hau
TO LOOK rORANQTHl
eta.Qtueveni-
i HMLttT BiNAtrV
papc ron ovtn a
net, 5ont,iAH
THAW CAN BE ARRESTED IN ANY STATE
IN THE UNION SAYS SUPREME COURT;
NO TRACE OF FUGITIVE YET FOUND
On Technical Charge of Conspiracy WarrantB Are Issued upon Which Slayer of
Stanford White Can
Mother
NEW YORK, Aug. 18. -Rundown
tonight marked tt thIrty-sUth hour
of Harry K. Thaw's freedom and th
police of the United States and Cana
da have not picked up his trail. They
eek him not as the slayer of Stan-
ford Whit, or as escsd lunatic, but i
on a warrant Issued at Poughkeepsle
tcday charging him with, conspiring
with the used keeper, Howard Barn
um, and the five men who managed
the asylum delivery. On such a tech
nicality does New York state base Its
hope of bringing ,alout the fugitive's
return. Bth factions of the double-
barrelled government at Albany, have
promised rigid Investigation and the
exertion of every effort to bring about
hia capture, -v -sj"' ( . :
-:ThaVs elaslotWanf "tbtllrht.'
was absolute. Out of th aloud of dust
which swirled in-the wake of the
black automobile bearing hlm( and
his liberators from Matteswan Hun
day morning nothing tlnglhle' had
come except a lanconlc letter from
Thaw himself assuring his aged
mother In New York that he desired
rest and would In due time join her
at the Thaw country place, Elmhurst,
at Cretteon, Pa. In obedience to this
plan, Mrs. Thaw purposes to start for
Cresson tomorrow morning.
Ills Mother Happy.
Happy, girlish almost In- her joy,
Mrs. Thaw exhibited the hastily
scrawled note from the' Sim whose
escapades have cnut the family a mil
lion and added tht whatever Hurry
did would meet with her approval.
This, In view of his announced In
tention of entering Pennsylvania,
gave basis to the belief that
was preparing to take his case before
the courts of that state and relying j Into New York state lay open to him.
on the kink in American laws relative! )no lay norih by land to Canada!
to the Insane charged with no crime, thence southwest along the border of
to oppose extradition and duplicate In ! the Great Iikes and across Lake
Pennsylvania, If pimsible, the course j Erie to a north Jutting nubbin of
of John Armstrong Ohaloner, In Vlr- j Pennsylvania. The other Is the water
ginla. route. Ab cird ship in the sea Thaw
It was in anticipation of such a could hide his time In comparative
move that the New York authorities' safety and make his way to Phlladel
caused tho warrant to be sworn out .hia via tho Delaware river and Dei
st Poughlceepeie. Conspiracy, accord-1 ;tvare bay.
T
Calloway Offers Substitute
Based on Scotland's Bank
ing System.
WASHINGTON, Aug. 18. Currency
'Insurgent" continued their attacks
on the administration currency ol
Brown, oi west Virginia, memwri oi
lne oanaing ami cuirmrey committee.
aeTenaea it. Tne net ruit was a fur
ther delay In taking up the measure
for amendment and general debate
may not be concluded In tha caucus
tomorrow.
Representative Calloway during a
long speech declared ho hoped there
was "some way to bring pressure to
bear to make the chairman of the
currency oommlttee, or members who
know, tell who it was that originally
drew this bill"
Mr. Calljway added that he under
stood the measure was drawn by!
John V. Farwell, of Chicago, and
ether representative, of banking in -
teresta. He opposed the plan In Its
entirety and declared he had a aubstl -
tute or nis own basea on tne system
used in Scotland for 217. years and
Canada for a shorter period, without
panic.
Representative Bowdle pleaded for
delay until the December session of
congress, - Maying the cauc-t was
pleading coneral lgnoranc and try-j
ejmllaclflaad author
CITIZEN
be Taken Anywhere in the United States Thaw's
Receives Scrawled Note from Her Son. : . ,
Ing to the district attorney of Dutch
ess county, constitutes an extraditable
offense. ,
Close amoclates In U family Indi
cated tonight that the ground work
cf a legal fight in Pennsylvania had
already been laid. Dr. Brlttnn D.
Evans, the alienist who testified in
Thaw's behalf , at the murUor trials.
held a telephone conference with
Mrs. Thaw this afternoon, and It was
said that ha would accompany her to
Pennsylvania tomorrow, There are to
be conferences with , counsel and
meantime it Is understood Thaw is to
remain in hiding.
lrt Cloud of Dust. vs.
Figuratively welt as literally.
Thaw left behind him only a cloud of
Dotflhesr county dustrwimoTlrTirrilce sSldIhey wouM detain him If
passagedescriptions of blac -uto- Nw Tor requested It Connecticut
mobiles, talc of yacht tmardlns i mitook the view that ho could bo' held
Long Island sound, epoukled the day's there as an Insane fugitive but Mass
news. The yacht KnUyroion of George j achusetts officials were inclined to
lauder, Jr., a distant relative of the (think that nothing short of a crim
Thuws by marriage, round mention inal charge would warrant his deten
In the crop of rumors. After having tlon In that atato.
I.ft Vineyard Haven, Mas.., tho craft, Pw,on4 ony t0 lb, ttMrch tor Tnaw
was rcpor-ed as cruising somewhere; th,t for Blchard j. BuUer, Roger
in the sound, possibly not far from; Thompson, Michael O'Keefe, Eugene
Bouth Nurwalk, Conn., repeatedly j rw r-tw.ni.. irw h. noint.r
mentioned an ss objective point for
Thaw had he cared to take to sea.
Inquiry at the New York Yacht club
disclosed that the Kndymlon- was a
slow boat Rnd attaches there scouted
the Idea that Thaw would have gons
aboard.
While there was nothing to sup
port tho theory thut Thaw had taken
to the seas, this seemed to those who
have followed the caste to be tho like -
Thawliet course. leaving Matteawan only
j two routs which did not double back
LED Mi FRANK, ON STAND
In Extended Statement, He
Tells Jury of Movements
On Day of Murder.
' ATLANTA, Ga., Aug. 18. Leo M.
Frank, on trial here for the murder
f furteen year old Mary Phagan, to-
( AftPr roitttig to the Jury the story
of his early life, leading up to the
time he assumed charge of the Na
tional Pencil company's plan here,
Frank made a sweeping denial of the
acts with which he is charged by the
stale. He described in detail his
' movements on the day of Mary Pha-
gan's -disappearance as well as that
following when the girl's mutilated
body was diacovered in the factory
basement.
Frank characterized James Conley's
testimony as a "tissue of lies" and der
:n,ocl thilt hafl evcP b,.p RUuly of
immorai conduct such as that descrlb.
1 e(1 hy ttu, lieKro. jn concluding his
itatement, tYank said:
Some newspaper man has called
me the 'silent man In the Tower.' : I
have kept my words for the proper
place and the proper time. This is
the place and the hour. I have told
you the whole truth." .
It Is expected that ntroductlon of
MIS WINE DENIAL
i begin tomorrow.
Not In Ouuidsh
In view of the fact that Mranca
into Canada might mean a daub, with
the Immigration authorities there, the
theory was advanced that Thaw's ad
visers would not havs him take any
Uch risk. -
Dispatches from Ottawa, though
quoting no official, said that if Thaw
halted within tha dominion he might
be deport! as an "undesirable alien,"
clthourh,if, he had through ticket
to Europe, thero would bs no stop
ping htm. The ut authorities at
llarriiburg, Pa., indicated that If
cams within that state his cue would
ho' referred to the attorney general'i
pfftflV'prwWsa Hew Tork asked lor
bis extradition. The TfUdelphl po-
Duffy and Thomas Flood, tho quintet
whose muscle, nerve and skill wtth
automobiles' did the stop watch work.
No trace of these has yet been found.
" pouonxEBPSiK, h: T., Aug.' It.
If Harry K. Thaw has not left the
country, he will be arrested on a war
rant charging him with ' conspiracy
and returned to the Matteawan atate
, hospital for tho criminal Insane. Ao-
tlon with this end In view was taken
In a special term of the supreme court
here this afternoon when Justice
Joseph Morschauser Issued a warrant
for the arrest of Thaw, charging him
with conspiracy with Keeper Howard
Barnum and five other men In mak
ing his esreapa from Matteawan,
Hlmllsr warrants were also Issued
for Richard J. Butler, Roger Thomp
son, MlehiM O'Keefe, Eugene Duffy
'Continued on I'ago
NEGRESS CLAIMS ESTATE
LEFT BY JILLFGEO NEGRO
Claims to Be Wife of Late
Publisher Who Lived as
White Man.
CHICAOO, Aug. U. William H.
Lee, head of a publishing firm who
lived In Chicago as a white man and
died apparently without heirs, was
claimed In the probate court today by
Luclnda Anderson, a negress, of Ben
ton Harbor, Michigan, as her hus
band. Lee began his career In a
small towa In New Hampshire, It Is
said, after serving 'as valet In the
civil war to a Confederate officer.
In a petition filed for the claimant
It is believed that the publUher's real
name was William A. Anderson, that
he was a negro, though of light com
plexion, and that he deserted his wife
thirty years ago.
The woman lays claim to the estate
of the late publisher. It was valued
at first at 1200, but much of It was
in plates of value to Lee's business
alone.' Lee or Anderson never talked
of his personal affairs and his antece
dents were a mystery when he died.
The woman makes the identification
by means of newspaper photographs
whioh she has seen. The body win be
exhumed to allow her to confirm her
Identification,
THE WEATHEH.
WASHINGTON, Aug. Forecast
for North Carolina: Fair west, local
thundershowers east portion Tuesday.
fWenesday' probably fair; light ' to mod-
tarate variable wind
CITIZEN WANT ADS
BRINO RESULTS
PRICE FIVE CENTS
i
HIS INNOCENCE IN
THE Til ESCAPE
Says Laxness of Admlnistra.
Hon of Asylum Is to
be Blamed
THAW WAS ALLOWED
FREEDOM OF GROUNDS
Superintendent Knew He was
Allowed In Yard- Barnura
Did All He Could
MATTEAWAij'. N. f., Auf. 11.-4
Attacking the Matteswan asylum au
thorltles for their laxnrns of adminis
tration and maintaining that he is In.
nocent of complicity with Harry K.
Thaw in his plot to oscaps, Howard
It. Carnum, for seventeen years an
arylum Attendant, made a' statement
tonight giving In detail nil move
ments when Thaw made his dash for
liberty, Barnum la blamed by tha
asylum BUthorttlss for allowing Thaw
to escape. ' :
Barnum'i statement, , which was
mado through his attorney, Ferdinand '
A. Hvyl, of Matteawan, after explain
Ing thai as keeper of the rear gats It
was his duty to admit any person who
had business at tha hospital, ton
tlnuea: - ' ' '
IMrntun'a Butoownt '
Por soma time Harry Thaw ha
loen assigned by tha superintendent
as an assistant In tha atora room and
It has been tha custom tor the keeper
tn charge to permit him at certain
times in tha day to exercise In tha
outer yard. This yard is surrounded
by a high board fence In which ther
l ona gate and there la nothing but
this fonos between tha yard and tha
road. They have been tn the habit of
allowing Thaw tho liberty of this yard
enrsrat days every week and his
presence there I a usual occurrence."
Barnum then described at length
tha manner In which Thaw ! .dashed
through the gata to the automobile
waiting outside when tha keeper ad
mitted the milkman, and tha stata-
mant oontlnues:. , . - u -
Had Aorrsa'to Yard.''
"Thaw has had accee to the yard
ana ' permitted at will to go to any
part vi . r. nai ninnina o wnn
regulating his movetnents and ha
was to the habit of going out to tha
gato when I opened and closed It,
tlma and tlma again. Ha was given
access to tha yard by the storekeeper
with tha knowledga of Dr. Kleb, tha
superintendent i .
"None of the attendant Is per
mitted, under tha- rule to carry any
firearms or weapon of any kind and
the gate Is so wide that it I Impos
sible for any men guarding It to pre
vent a patient darting out if he felt
o disposed. From the time that
Thaw came up behind and leaped from
the gate to tha tlma that he was tn
(Obnttnned on Pag Five)
FIGHT TO SEAT GLffll
AS ALABAMA SENATOR.
HIS BEGH EARNEST
Senator Bankhead Upholds
, Action of Gov- O'Neal
In Appointment.
ISSUES STATEMENT
WAfiHTNaTON, Aug. ll.-TheflBJhl
to Beat Henry D. Clayton as senator
from Alabama began In earnest today.
A statement by Henator Bobinson, of
Arkarmaa, upholding Oovernor
O'Neal' aetion in appointing a suo
cesor to the late Henator Johnatoa
became public early in tho day and
right, Senator Bankhead, of Alabama,
asked permission for tha public print
ing of the it-gal opinions upon which
the governor baed his action,
Henator Bankhead said Mr. Clay
ton's credentials would bo presented
to the senate later, but tha time had
not been fixed. , f;
"A wltuation exists tn ' the senate
which will require a most careful and
painstaking investigation," he told his
colleagues. 'The governor of Alabama
has no pride of opinion in the mat
ter. When the vacancy occurred and
the question of filling It was put MP
to him, he called upon hia legal ad
visers for opinions as to his author
ity; and ne based his action upon
these opinions now sutrmltted."
The Alabama case la tha first to
test the a'llhorlty of a governor to
fill a vacancy since the direct elec
tion amendment to the constitution
was adopted.
The contest centers around the In
terpretation of the concluding words
of tho new amendment to the consti
tution providing that the amendment
shall not be so construed as to af
fect the election or "term of any sen
ator" chosen before It became valid
as part Of the constitution. Senator
Robinson asserted tn his statement
there were decision holding that a
"term of office doe not end with tha
death of the occupant, but that the
term "continue until tha aUtulory
parted."
Hill DECLARES