Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-09-09
SATURDAY. SEPTEMBER 9, 1893.
Col. O'Fcrrall ana His Sue
ceSSOr.

That is an interesting question which
has been raised as 10 whether Col.
O'FERRALL's seat in the House of Rep
resentatiyes can be filled at the regular
election in November next, in case he
offers his resignation. TO take effect the
dny before said election. The point Is
made that writ OF election to fill va
capcy cannot be Issued before the va
cancy happens But the words in the
Federal Constitution bearing upon this
question are almost iientically the same
in effect when providing FOR vacancies
in the Senate as the words employed IN
speaking OF vacancies in the House OF
Representatives.
We take it for granted that everybody
will concur in Governor MckINNEY's
opinion that he has no authority or con-
troll over member of Congress, and
therefore cannot refuse to accept the
resignation of any such member. If the
Governor has no discretion in the mat
ter. but must accept the resignation,
then the resignation is complete rs soon
as it reaches the Governors hands. He
has no right 10 ask the congressman to
recall his resignation. Indeed, the con-
gresham himself has no right to recall
il. 1t is an accomplished fact.
Now what says the Federal Constitu-
tion? We quote;
when vacancies happen in the rep
resentation from any State the eXecu-
tive authority thereof shall issue wrlts
OF election to fill such vacancies
so much for the House of Representa-
tives. Now as to the Senate
"If vacancies happen by resignation
or otherwise during the recess of the
Legislature of any State, the executive
thereof may make temporary appoint
ments until the next meeting of the
Legislature, which shall then fill such
vacancies.
The Senate ofthe United States shall
be composed OF two senators from each
State. chosen 10y the Legislature there
Of. They shall be deyided as
equally rs maybe into three classes.
The seats OF the senators OF the first
class shall be vacated at the expiration
OF the second year; of the second class,
at the expiration of the fourth year; and
of the third class, at the expiration OF
the sixth year, &C., &c.
When may the Governor issue writs of
election to fill vacancies in the lower
house? When may the Legislature choose
senators TO fill regular full terms? Does
that body have to wait until there is an
actual vacancy inthe Senate =? BY no
means, We have known United States
senators to be chosen near " four years
before the expiration OF the terms OF
their predecessors. An act OF Congress
now fixes the time for the election OF
United States senators either to fill va
cancies or TO serve full terms. But that
act is unconstitutional and therefore
must be decided to be null and void if
senators cannot constitutionally be
chosen until an actual vacancy exists.
IL senator can be chosen before his
predecessors seat is actually vacant,
then it would seem that writ for the
election OF member Of the lower house
OF Congress might be issued before bis
predecessors seat is actually vacant,
provided he shall have actually resigned
his seat in time. But of course the re-
signation mnst be an unconditional one.
There must be no doubt as to when it
takes effect. II when a senator resigns,
there is a vacancy in the Senate, in
contemplation Of law which can be filled
10y the State Legislature, although the
senator's resignation was made TO take
effect In the future, then the same rule
ought TO hold good in the House Of
Representatives
30 the question seems to be reduced
70 this: Can a senator or member Of
the House Of Representatives resign his
seat, his resignation to take effect IN the
future
OF course the whole matter is under
the control of the House OF Represent
atives, which is sole judge of the cleo
tions, qualifications, and returns OF its
own members. The House can seat or
unsest anybody.
II il be decided that Colonel OFFER
RAIL- cannot resign his seat IN Congress
TO take effect the day before the day for
the election of his successor, or, in other
words, il there must be an actual va
cancy before writ for the election OF a
new congressman can be issued, then
Colonel O'FERgALL will OF course see
that ,hs actual vacancy shall take place
IN time to permit new congressman to
be chosen at the regular election. Ii
would never do TO put the State to the
expense and trouble and annoyance OF
special election under such circnm-
stances as new exist
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