COMMITTEE ON PRIVILEGES AND ELECTIONS TOM CONNALLY, Texas, Chairman WALTER F. GEORGE, Georgia ELLISON D. SMITH, South Carolina CARL A. HATCH, New Mexico WARREN R. AUSTIN, Vermont GERALD P. NYE, North Dakota STYLES BRIDGES, New Hampshire THEODORE FRANCIS GREEN, Rhode Island ALEXANDER WILEY, Wisconsin SENATOR FROM WEST VIRGINIA THURSDAY, JANUARY 16, 1941 UNITED STATES SENATE, COMMITTEE ON PRIVILEGES AND ELECTIONS, Washington, D. C. The committee met, at 11:45 a. m., pursuant to adjournment, in room 104-B, Senate Office Building, Senator Tom Connally presiding. Present: Senators Connally (chairman), Hatch, Green, Lucas, Stewart, Chandler, Austin, Nye, Bridges, and Wiley. The CHAIRMAN. Now, as the members no doubt are aware there has been referred to this committee the so-called West Virginia case. One of the claimants is out there, or was awhile ago, in the adjoining room and wanted to know if there was anything the committee wanted of him. I told him no, but he could wait around if hedesired. We have here two certificates, apparent certificates, of two gentlemen to be Senator-one appointed by Governor Holt, the outgoing Governor, and the other appointed by Governor Neely, the incoming Governor. The certificates and related matter will be placed in the record at this point. HOMER A. HOLT GOVERNOR OF THE STATE OF WEST VIRGINIA To All to Whom These Presents Shall Come, Greeting: Whereas Matthew M. Neely, heretofore duly chosen a Senator from West Virginia to represent said State in the Senate of the United States in the manner provided by law for the term ending on the third day of January in the year one thousand nine hundred and forty-three, ceasing to be a Senator: Therefore, I, Homer A. Holt, Governor of the State of West Virginia, pursuant to the power vested in my by the Constitution of the United States and the laws of the State of West Virginia, do hereby appoint the Honorable Clarence E. Martin, of Martinsburg, of the county of Berkeley, in the State of West Virginia, a Senator from the State of West Virginia in the Senate of the United States until the vacancy occurring therein upon the ceasing of the Honorable Matthew M. Neely to hold the office of Senator from West Virginia in the Senate of the United States is filled by election as provided by law. This appointment is effective upon the occurrence of a vacancy in the Senate of the United States in the seat therein now or lately held by the said Honorable Matthew M. Neely. Given under my hand and the Great Seal of the State of West Virginia at Charleston, this the tenth day of January in the year of our Lord one thousand nine hundred forty-one and in the seventy-eighth year of the State. [SEAL] HOMER A. HOLT, Governor. By the Governor: WM. S. O'BRIEN, Secretary of State. STATE OF WEST VIRGINIA EXECUTIVE DEPARTMENT, CHARLESTON To the PRESIDENT OF THE SENATE OF THE UNITED STATES: This is to certify that, pursuant to the power vested in me by the Constitution of the United States and the laws of the State of West Virginia, I, Homer A. Holt, the Governor of said State, do hereby appoint Honorable Clarence E. Martin, of 1 |