Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-02-11
THE RICHMOND DIsPATCH-sUNDAY. FEBRUARY H. 1894


Vacancies In the House.
II will be remembered that after the
nomination Of Colonel O'Ferrall for Gov
ernor the question Wa raised as TO
! whether. II he should resign his seat In
the House OF Representatives. to take
en- cct at a future day, his successor could
be elected before tho day when his reslg-
nation was intended to take effect. The
Attorney General OF Virginia gave 1t as
his opinion, we think. that the Cover
nor could not issue writ OF elecuofs
until an actual physical vacancy had oc-
CURED. In discussing this question, we
took the ground that the resignation could
not be recalled, but was complete just
as SOON as It was received BY tho Cover
nor.
The question raised in the O'Ferrall case
IS likely 10 arise in the House Of Repre-
sentatives soon, where. however, 1t VIII
not be n new question, having been raised
in that body whilst Mr.. Blaine was
Speaker
Mr.. Sibley, OF Pennsylvania. resigned
his seat IN the House Of Representatives
Thursday week Ills reasons for resign
ing do not concerns us mere. lie went to
Harrisburg two days afterwards, and had
q conference with Governor Pattison,
who had his letter OF resignation in his
possession, and who urged Mr. Sibley TO
recall It. The Governors request, backed
. ri friends
induced Mr. Sibley to decide 70 hold on
20 his seat In the House OF Representa-
tives
But can he resume and retain his
seat? Was vacancy created the moment
he resigned, or the moment the Governor
received his letter Of resignation? The
Washington Post has looked into the cose.
and reports that In the Beknap case the
United States Senate decided by "A rracti-
cally unanimous vote that the sending Of
resignation was all that there was TO
be done I'm order that citizen should be
able TO lay down an Office, and that there
was I'd means by which he could be
compelled TO exercise the duties Of the
Office longer than he desired to do so.
In the Forty-frst Congress Mr.. Cola
day, Of Kentucky. resigned his seat In the
House of Representatives.. The Governor
received his resignation, but wrote 10 him
refusing 10 accept 1t Uor reasons with
which we are not concerned). Mr.. Stokes.
Of Tennessee, asked TO have the Cover
nor's letter referred 20 the judiciary
Committee for consideration. Mr.. Eing-
ham. Of Ohio. the chairman, objected, say
Ing that the Governor Of kentucky had
assumed that he could set aside an OK
press provision Of the Federal Consttu-
ton. Mr.. Dawes stated that there had
been many decisions that when tho voters
had without writs OF election taken notice
Of vacancies and flied them the elections
were valid
General Butler sai1 there was TO Tower
vested IN any governor TO control the
organization OF the House. o. the Cover
nor Of Kentucky seemed 10 claim. Gene
raj Banks said the Governor had no au-
thorlty in the matter Of resignation.
General Schcnck one Of the finest cOnsti-
tutional lawyers then IN the House Of
Representatives, said the question was
ended when the resignation was written.
Finally. hear Mr. Blaine. then the Speaker
of the House OF Representatives, VINO said
that he would not entertaiH the motion
70 refer 70 the Judiciary Committee, as
when member resigned ne was Of no
more account than spectator IN the gal
lcry. Mr.. Blaine added mat he would
like to have an expression from the
House on the matter, and his decision was
sustained without division.
50 that question seems 10 have been
settled definitely years ago. ana Mr. sib-
ley will probably have 90 betake himself
10 the gallery Of the House of Rcpresen-
tatircs. That is, If the House shall do
its duty.
The contention OF Judge Harris and the
Dispatch that there was 70 law in Viz
Ginia providing for special elections OF
members of the House Of Representatives
seems to have been disreglrded or over
looked I'm declining the Coladay case. as
the House Of representatives. acquiosccd
in the statement substantially made, that
wriis of election to fiji vacancies could
be issued under the authority of the
Federal Constitution. Nevertheless, 1t
would seem that If Mr.. Sibley persists
I'm laying claim to a seat in The House OF
Representatives these questions VIII be
r,heard and redecided.