CHARLESTON, W.Va. -- Sen. Robert C. Byrd's state of health has prompted some quiet, behind-the-scenes discussions in the event the senator is unable to return to office.

I understand Gov. Joe Manchin met with state Democratic Party chairman Nick Casey last week, with U.S. Senate Majority Leader Harry Reid, D-Nev., on a conference call to discuss contingencies.

As noted before, Casey is generally regarded as the consensus choice to serve as a placeholder for Byrd's Senate seat in the event Byrd would have to step down prior to the 2010 elections.

However, former Gov. Gaston Caperton was in town earlier this month to meet with Manchin, sparking speculation that he might be under consideration for that role.

Records for the governor's mansion show that Caperton and wife Idit were guests at the mansion June 1-3.

Caperton in the past has told friends he has no interest in being a U.S. senator, but that was in the context of running for the office. A brief one- or two-year term as U.S. senator might be a nice capstone on Caperton's career as a public servant.

Some statehouse regulars are lamenting that Byrd did not opt to retire in 2006, when he could have enjoyed his status as an elder statesman on the lecture and banquet circuit in what undoubtedly would have been the greatest "retirement tour" in state history.

Meanwhile, practically every newspaper in America keeps draft obituaries for prominent public figures and celebrities on file. (In the pre-computer era, newspapers' in-house libraries were called morgues for that very reason.)

However, some Internet surfers were shocked (and some also offended) when WSAZ-TV's Web site briefly posted a web page Friday entitled "Remembering Senator Robert Byrd, 1917-2009" on its wsaz.com web site.

Like the draft obituaries, the Web page was obviously being prepared for use at some future date, but was inadvertently "published" briefly on Friday.

Under a scenario that would have Manchin running for and winning election to an unexpired term in the U.S. Senate in 2010, then Senate President Earl Ray Tomblin, D-Logan, would become governor in January 2011.

Meanwhile, Tomblin for the first time last week publicly expressed interest in running for governor in 2012 (joining an already crowded field of statehouse regulars who are gubernatorial wannabes).

Which means the 48-count federal grand jury indictment of former Delegate Joe C. Ferrell, D-Logan, for racketeering, gambling, obstruction and bribery charges could not have come up at a worse time.

Assuming the case goes to trial, there will be numerous news accounts repeatedly pointing out that Ferrell bought Southern Amusement Co. - also named in the indictments - from the Tomblin family in 1995.

I understand Gov. Joe Manchin met with state Democratic Party chairman Nick Casey last week, with U.S. Senate Majority Leader Harry Reid, D-Nev., on a conference call to discuss contingencies.

As noted before, Casey is generally regarded as the consensus choice to serve as a placeholder for Byrd's Senate seat in the event Byrd would have to step down prior to the 2010 elections.

However, former Gov. Gaston Caperton was in town earlier this month to meet with Manchin, sparking speculation that he might be under consideration for that role.

Records for the governor's mansion show that Caperton and wife Idit were guests at the mansion June 1-3.

Caperton in the past has told friends he has no interest in being a U.S. senator, but that was in the context of running for the office. A brief one- or two-year term as U.S. senator might be a nice capstone on Caperton's career as a public servant.

Some statehouse regulars are lamenting that Byrd did not opt to retire in 2006, when he could have enjoyed his status as an elder statesman on the lecture and banquet circuit in what undoubtedly would have been the greatest "retirement tour" in state history.

Meanwhile, practically every newspaper in America keeps draft obituaries for prominent public figures and celebrities on file. (In the pre-computer era, newspapers' in-house libraries were called morgues for that very reason.)

However, some Internet surfers were shocked (and some also offended) when WSAZ-TV's Web site briefly posted a web page Friday entitled "Remembering Senator Robert Byrd, 1917-2009" on its wsaz.com web site.

Like the draft obituaries, the Web page was obviously being prepared for use at some future date, but was inadvertently "published" briefly on Friday.

Under a scenario that would have Manchin running for and winning election to an unexpired term in the U.S. Senate in 2010, then Senate President Earl Ray Tomblin, D-Logan, would become governor in January 2011.

Meanwhile, Tomblin for the first time last week publicly expressed interest in running for governor in 2012 (joining an already crowded field of statehouse regulars who are gubernatorial wannabes).

Which means the 48-count federal grand jury indictment of former Delegate Joe C. Ferrell, D-Logan, for racketeering, gambling, obstruction and bribery charges could not have come up at a worse time.

Assuming the case goes to trial, there will be numerous news accounts repeatedly pointing out that Ferrell bought Southern Amusement Co. - also named in the indictments - from the Tomblin family in 1995.

Never mind that was just before the peak of the proliferation of video poker and slots machines that fostered illegal gambling rackets statewide, until the so-called "gray machines" were outlawed in 2001.

Nonetheless, it will not help Tomblin's already long odds of winning election to the governor's office (only three governors have been elected from south of the Kanawha, and none since Hulett Smith in 1964) to be associated with Ferrell and Southern Amusement. 

Speaking of Ferrell, managing deputy attorney general Fran Hughes said it's premature to discuss suing Ferrell for restitution of eight years' of legislative salary. (The indictment alleges that Ferrell used his legislative office to protect and benefit his gambling operations.)

"Until he pleads guilty or is convicted, he's presumed to be innocent," she said.

However, should he be convicted of any count or counts involving his legislative service, Hughes said the office will certainly look into seeking restitution.

That's what one of the greatest attorneys general in state history - Roger Tompkins - did when Arch A. Moore Jr. pleaded guilty to extortion, mail fraud and obstruction of justice in 1990.

Moore ultimately paid the state $750,000 to settle the lawsuit.

I apparently got House Health and Human Resources Chairman Don Perdue, D-Wayne, in more hot water with his colleagues for quoting his comment that West Virginia could have been on the cutting edge of chain restaurant menu labeling had not the "dumb-asses" in the House Government Organization Committee killed the bill in the regular session, and for that, I apologize.

However, the description was entirely appropriate for those members of the committee who managed to simultaneously make asses of themselves and make a mockery of the state's obesity epidemic by gorging themselves (on camera) with Tudor's biscuits and doughnuts.

If they're so thin-skinned that they took offense at Perdue's comment, then maybe they should have thought twice before putting on that spectacle.

Finally, in light of the pending passage of federal menu-labeling legislation, a reader suggested that Oshel Craigo should be magnanimous and introduce a low-calorie Tudor's Biscuit World biscuit called the "Doc Foster," in honor of Sen. Dan Foster, D-Kanawha, who championed the failed state version of the legislation.

The question is, just what would a low-calorie Tudor's biscuit contain? Any suggestions?

Reach Phil Kabler at ph...@wvgazette.com or 304-348-1220.