Show ClAYTON NAMED AS I U US S. S SENATOR BY GOVERNOR ONEAl Executive F Disregards Advice Jr F F l of m i Washington to Obtain 1 Legislative ve Autho Authority rity Y r IERY 1 Ala Au Aug l Iren 12 Hen Henry IVl MONTGOMERY rr ry D. D Clayton Claton member of ot Cong Congress Congress Con Con- of ot g gress from flom the Third district Aln Alabama W was nas 3 named b by Governor ONeal late this afternoon us nR United st States t s senator to fill the tho vacancy caused b by the death oC of Senator JO Joseph eph 91 1 1 Johnston Mr rr Claytons Clayton's commission was os delivered ered to him shortly after 5 o'clock In the governors governor's office Mr Clayton accepted the appointment appointment appoint appoint- ment and announced that he would leave Jea tonight for tor Washington to present his credentials to th tho Senate He ad- ad ded that he would not resign his seat scat hi yin the House until after he is seated In the Senate Act Att Causes Surprise nt at ton Washington Aug l 12 Surprise was r fX expressed essed d by bv Democratic leaders of or orth th the tho Senate tonight when whon the they learned that that Governor ONeal eal had disregarded their advice and had appointed Representative Henry D Dl Clayton Claton to succeed the the late lato Senator Johnston without cx- cx 1 l' l ress authority from the Alabama legIslature leg leg- 1 It Is m my opinion that Mr Ir Clayton Claton will not be seated sea said ald Senator Overman Overman Over Over- man man acting chairman of ot the Judiciary committee The members of the thc judiciary committee com corn and a a. majority o of the lawyers of ot the Senate were of ot the opinion t that the seventeenth so amendment to the constitution does not give the governor gayer gover nor authority to appoint a R. senator f except except ex- ex X- X 1 under express direction from the tho legislature t lire It was predicted tonight that when Mr 1 Clayton presented his credentials as ns a senator objections would be raised immediately and the credentials would go to the committee on privileges privileges leges and elections for a report Ur Urged e-d e to Call Coli Special Session Before the news of Governor Go r faction action reached Washington Senator f 1 Kern ern leader of ot the tho Senate majority had sent a second telegram to the governor governor gov gov- ur urging him hint to call a R special session ses ses- s session s- s sion slon of the Je legislature to grant him authority to name a n senator ad in In- In Senator Simmons chairman Irman of the ther finance committee also lm had l sent a r message emphasizing the Importance of ot Sen Senator tor Kerns Kern's request Both senators pointed out that It was important that there should be no possibility of or a contest contest contest con con- test In the tho appointment of or a successor of or Senator Johnston owing to tho the slender slender sener slen slen- der er Democratic majority on the thc tariff bill Representative Cla Clayton ton the governors governor's governors governor's gover gover- o er nors nor's appointee is chairman of the house Judiciary committee and has nerved Iene sixteen years cars In ITI Congress He HeI HeIs Heis I Is now not in Montgomery Democratic leaders having lost a aveto voto veto through the death of Senator Johnston now arc aro further worried b by bythe bythe the continued absence on account of v- v I- I serious Illness of or Senator Culb Culberson of ot Texas The They have hae endeavored vainly to get Jet some Information as ns to the probability probability ability of ot Senator Culberson's return In time to vote voto for tor the tariff bill No word It Is hi said can be communicated to the senator who is un undergoing treat treat- treatment ment meat In Connecticut |