The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-08-08
MEMBERS CANNOT RESIGN.
CURIOUS FICTION OF THE EN-
GLIsH PARLIAMENT.
ChiItern Hundreds I'm Order To
Vncate His Seat I'm the Commons
The Office Myth with a suppositi-
tIous Duty.

commons is not permitted to resign his
seat. as that would be considered deroga-
tory TO the dignity of parliament SO in
order 10 vacate his seat an NJ. p. is sup
posed TO accept a sinecure office Of profit
under the crown, which he is able to give
up in favor Of some one else directly ne
has accepted it, Among these offices are
the stewardship of East Hendred, North
stead. and Hempholme, together with
that of the Chiltern Hundreds, which is
believed to carry with it the duty Of pro-
tecting the inhabitants Of Buckingham
shire against the ravages of the robbers
who are supposed TO. but do not, infest
the Chiltern hills. After the death Of the
late lord chief justice. Lord Coleridge, a
good deal of comment was excited when.
in the case OF the Hon. Bernard Cole
ridge. his successor. who represented the
Attercliffe division Of Sheffield in Parlia-
ment, the chancellor of the exchequer
moved that Mr.. Speaker do issue his
warrant to the clerk of the crown to
make out a new writ for the election of
a member 10 serve in the present parlia-
ment in place Of the Hon. Bernard Cole
ridge, who, since his election, has ac-
cepted the Office Of stewart Of the Chill
tern Hundreds" The surprise created
by the fact OF the writ being moved in
this form was not unnatural, seeing that
there was no precedent for IL. If a men,
Der of parliament becomes a peer by
descent a writ is usually moved soon
after the death of his ancestor is known,
though occasionally some delay occurs
in obtaining the writ Of summons to the
Of T.vs1-
precede the issue Of the writ, this pro-
ceeding being founded upon the alleged
fact that the member has been called up
to the house Of lords. The same rule.
however does not extend to a Scottish
peer, to whom no writ of summons is
issued. If a member Of parliament be
created peer his seat is not vacated un-
IL the letters patent comforting the dig
nifty have passed the great seal; but. ac-
cording to Sir Erskine May, when delay
In the case Of member who Is a peer,
and 1T IS doubtful whether his seat in
the house of commons be legally vacated,
a member accepts the Chiltern Hundreds
before his patent is made out
In view, however. of the doubt and
uncertainty existing as to the proper
course to adopt, It will be remembered
that, on the motion of Mr.. Chamberlain,
a committee was appointed to inquire
and report on the circumstances attend
cliffe division of Sheffield on June 20
last, and also to inquire into the law
and practice Of parliament in reference
to the vacating Of seats in the house of
commons, and whether any. and. if So
what changes it is desirable should be
made therein"
This committee, which consists of Mr.
Asquith chairman, Sir j. Rigby, Mr.
A J. Balfour, Mr.. Blake, Mr.. Chamber
lain, Mr.. Gurzon, Sir Charles Dixie. Mr.
"a HT-ff ~ J.
james, Mr.. Grant Lawson, Sir George
o. Morgan. Sir John Mowbray Sir Jo-
seph Pease and Viscount wolner met
yesterday, for the first time, to take evil
dence, when all the members were pres
ent with the exception Of Mr.. Healy.
Sir William Harcourt, who was the
first witness, stated that he had granted
the Chitern Hundreds to Mr. Bernard
Coleridge under the following crcum-
stances. On June % he received let
ter In these terms
My Dear Sir William Harcourt-I de-
sire to apply for the Chiltern Hundreds.
Yours faithfully,
BERNARD COLERIDGE"
In accordance with what he (Sir Will
iam) regarded as the universal practice
in such cases, he gave instructions for
making out the appointment 10 Bernard
Coleridge.
Mr. Asquith-"You did not receive any
statement from Mr.. Bernard Coleridge
that his father had died. or that he had
succeeded? %
Sir w. Harcourt-"No; had no official
knowledge who his father was, or that
he claimed to be a peer, or that there
was any grant to him of a peerage. My
personal knowledge was very imperfect.
/ should like TO state what I regard as
the principles applicable to the grant of
the Chiltern Hundreds. For the last $50
years the Chiltern Hundreds has been a
form of resignation for members Of the
house of commons. and the act of resig-
nation has been likened to the legal
fiction under the old system Of fines and
recoveries. The action of the chancellor
OF the eXchequer is purely ministerial,
and he has no right to refuse to grant
the Chiltern Hundreds except for some
well-eSta bliShed cause. I considered this
matter very carefully in the case of
Jabez Balfour, and had memorandum
drawn up on the subject which lays
down: Cd That it is the duty of the
chancellor of the Exchequer to grant
Chiltern Hundreds Immediately they are
asked for unless there is some lawful
reason to the contrary; (2) the grant
has no reference to the character or fit
ness of the applicant II is not the duty
or the right OF the chancellor of the
exchequer to investigate cases of sus-
picion; CD there are no exceptions to
these rules. except in cases where, as in
Sadleirs case, criminal proceedings aIe
in progress In a court of law. 1t is not
enough that an action should be pending
None OF these causes were present to
my mind when I received the letter from
Bernard Coleridge applying for the
Chiltern Hundreds. and 1 granted them
TO Bernard Coleridge en- nominee. l I'M
derstand ii to be alleged that Mr. Bernard
COleridge, the member for the Atterliffe
division OF Sheffield, had previously to
that time become a peer on the death Of
Lord Chief Justice Coleridge. He Ger
tainly had not become a peer of parlia-
ment. He could not sit or vote in the
house Of lords until he had obtained the
writ Of summons, and il is alleged that.
although that was the case he could
not sit or vote i'm the house Of commons.
That is question upon which 1 do not
desire To offer any opinion, but If ii be
the case. as is alleged. Bernard Coleridge
was in a state of imperfect beatitude-
he had ceased, as il were, to be an
earthly being, like the sheeted dead,
who did squeak and gibber in the Roman
Streets Uaughter). He had to wait
on the banks OF the Styx until he was
summoned to the Elysan fields. Or he
might be compared TO the larva or pupa
who. before he became a full-fedged
butterfly, had TO spin himself a cocoon.
Others might say that he answered the
description of the amphibious animal
who could not live in the water and
died the moment he came on land"
Mr.. Chamberlain-"Would he not
rather occupy the position of Moham-
meds coffin. between heaven and
earth?'
Sir w. Harcourt-"These are mys-
teries which I am not able to unraveL
/ must be allowed to be considered an
agnostic, and as being in a state of phil
osophic doubt as to the political status