The times. [volume] (Richmond, Va.) 1890-1903, 1893-09-10
0'FERRALL'S SUCCESSOR.
INTERESTING QUESTION 1s TO THE
COLOYEL,s RESIGNATION.
The House still Dragging Along Waiting
for the Senate to Act-Coi. Thomas
Smiths Appointment.
TInTs BUREAU. RAPLEr BUnDrNo, !
WASHINGTON. September .. 1898. !

The question as TO the validity Of any
/ writ issued BY Governor Mckinney for
an election on November eth for member
| Of Congress from the 7th district, when
the resignation Of Col. O'Ferrall is ten
/ dered him TO take effect on November 9Th,
is one Of prime Importance, and one which
IS now receiving a great deal OF atten-
ton. Without a single exception every
/ lawyer whom have talked with here are
( Of the opinion that no vacancy occurs, un-
I der such a resignation. and therefore the
I Governor could only issue the writ upon
November 9Th.
/ great 1any Of the lawyers say. the
sil- aud intert is good and OF course
/ Col. U Ferran will be elected ana win
not want 10 withdraw mis- resignation
| and, Our people understand &c. and. "tpe
! candidates are willing" and a hundred
other similar expressions, but this Us
not the question. The gentleman who
would be elected 10 Congress on Noyem-
! Der 9TH, under a writ issued now on q re-
| signatlon 20 take effect November 6th
would, Of course, expect TO be entered
! upon the rolls by the clerk Of the House,
/ and The question arises would the clerk
| place the name upon the roll, and would
| the House sustain the member 50 elect
| ed? find that the probabilities are very
much against it.
| went to the clerks Office this morning
/ for an opinion on the subject Clerk Kerr
| was not I'm tho city, but TO his assistant
| the facts were clearly put, and after an
investigation OF the subject he emphati-
cauy pronounced that the Governor could
not issue a writ for an election until the
vacancy absolutely occurred, which in
| this case, he said, would not exist until
November eth. He cited the case Of Con-
gressman Rawlings. Of Utah. who last
year resigned, and then withdrew his
resignation and is stll a member OF
/ Congress.
McCrary IN his American law Of cleo
tons. states that the resignation Of a
member OF Congress need not be made
20 the Speaker or House OF Represen-
| tatives. but that IT is sufficient that 20 be
| made to the Executive of state and that
the GoWrnor may issue his writ FOR an
| election without notice 10 or action by the
| House. The Constitution provides that
! "when vacancies happen IN tne represen-
| tauo4 from any State the Executive
| authority thereof shall issue Writs of elec-
/ tion 10 fiji such vacancies"
| Then the whole question Is, does a
| resignation taking effect in the future.
/ constitute vacancy before the time
| named in the resignationl The clerks
| Office and the leading lawyers here claim
! that Dc does not and ~ Virginia is not
very careful we will either have TO hold
a special election or have a serious con-
test over seating the Congressman from
the Seventh district.
The House met only for a few minutes
to-day and adjourned until next week
This is about an It can do until the
Senate grows weary Of ceaseless talk
and agrees To vote on the subject oi tine
repeal. Senator Teller was the orator of
to-day and showed conclusively that
there rs enough printed documents on
earM relating to silver which injected
into speeches would keep the clerks busy
reading until Christmas.
A number of the Congressman have
taken advantage Of the lull I'm Congress
slonal proceedings 10 go home In the in
tercsts of their private business, which
hut for this extra session would have re-
ceived their attention this fall Congress
man Jones left to-day 10 attend the Lam
caster County Court on Monday and
Northumberland on Friday. In the latter
court he has. with Mr.. Lloyd smith, inc
defence Of about o dozen citizens VINO
are being sued for damages by man
| for some unpordOnabie misdeWeanor ln
that community. Hon. John Goode is
also engaged in this case, representing
the plaintiff
Air. Jones called this morning and saw
Attorney-Ceneral Olney regarding the
arrointment Of John " Hudgins as Mar
shal of the Eastern district. II has been
umored that the appointment OF Mr.
Hudeius was being delayed owing 10
a letter said TO have been written by
District Attorney Lassiter ask
ing for the retention Of the Republican
incumbent Mr.. c.. c. Clark. No one
who knows Mr.. Lassiter, however gave
anv credence 20 such q report as there are
Few stronger party men fn the State than
he. and Mr.. Hudgins, himself, during
"a recent VISIT denies that even such a state
of affairs existed now.
An incident occurred yesterday which
demonstrated the liberallty OF The Nir-
riria me,nbcrs ln the matter o. endorse
mortg A certain Congressman went up
10 the state Department looking after
consuiship for a constituent. The papers
had been fled some time before and were
well endorsed
"I see your friends are now urging
another man for this place" sad Mr..
quincy.
ooh no, Virginia has 10 other appl-
cant ] think" replied the member. Then
came up the new papers Of q gentleman
who IT SIS said has never lived Ia Virginia,
but who through some social friend had
Induced the accommodating Nirglnians
so subscribe 90 his cause. The Congress
man Immediately visited his colleagues
and the probabilities ore that the Virgin
Ian viii get the office.
Colonel Thomas Smith. Of Warrelton.
was to-day appointed Chief Justice Of
New Mexico. Colonel Smith served as
United States Attorney 10 NeW Me dco
under Mr.. Clevclands former adminisfra-
tion and his appointment now is aimDly
q far and just recognition Of his splen-
did service az that time. He is perfe tly
familiar with the customs and court
practices of New Mexico and his popu-
larity there is fully commensurate with
his high standing in his native Staee.
Colonel Smith was highly regarded 10y
the President for a position upon the
bench Of the New District Court OF Appeals
but other considerations than those Of
ability prevailed and Colonel Smith was
not appointed This appointment IS one
of cougratulation TO Virginia and OF good
fortune TO New Mexico
DR.. George Ben Johnston and Attorney
J. p. Caskie, Of Richmond, were In the
city yesterday.
Honorable Claude A. Swanson will leave
here tomorrow morning for Louisa Court
house. Va at which place he will speak
on next Monday.
Mr.. Green Williams. Of Danville Va,
IS IN tie city on his REF urn from North
ern tour
Messrs. 7. G.. Peyton and d. n. Walker,