The Caucasian. (Clinton, N.C.) 188?-1913, 1898-04-14
RESIGNATION OR
no RESIGNATION.
some CORRESPONDENCE THAT MAS
PASSED BETWEEN GOV. RUSSELL
AND RAILROAD COMMISSION
ER CALDWELL

AND RAILROAD COMMISSION
ER CALDWELL
Assnt NJ. Csid wells Lett, ef kssigas-l
the Flop" On the Pa.sssges Rate 1ses- |
ton The Governor now Deu.ssds Kes-
ig nation.
We give below he CORES pondenee in |
foil betwe Governor Russell and |
Commissioner Caldwell upon the let |
ter OF resignaii,n Of Mr.. Caldwell
which he wrote and rendered the Gov
ernor because he believed it his duty to
reverse his vote upon the passenger
rate reduction. Mr.. Caldwell now re-
verses bis action in regard to bis letter
OF res gna.ion and desires to continue
to hold his Office. The following state
ment including the correspondence
In the matter was given out at the
Exc cu'ive Office Tuesday evening:
In Mr.. Caldwelrs letter of March
3Oth, which he read before the Rail-
road Commission, the concluding par
agraph is As follows:
"YOur Excellency has been kind to
me, and | assure you OF my continued
respect, but fearing you wiNAnot con-
| cur with me in the course l take, and
desiring not to embarrass you, my res
fgnation is at your disposal"
The resignation thus placed at the
Governors disposal was held up by him
for consideration.
Three days afterwards Mr.. Caldwell
sent to the Governor letter in which
he said he withdrew the tender of his
resignation. This letter from Mr..
Caldwell was marked private" but the
Governor did not observe that it was
so marked, and it was not called to his
attention until after the correspond
ence was all over. 1t contained the
withdrawal of the tender of his resig-
nation. Whether public official can
officially tender his resignation in a
public letter and then withdraw it in q
private letter, or indeed whether he
cs withdraw it at all without the con-
sent of the public officer to whom it is
directed, is . question of law.
To this private letter, the Governor,
without noticing that it was marked
"private," sent the following reply:
RALEIGH, n. c., April 3, 1898.
L.C. CALDWELL, Esq Statewide, N. G.
SIR Your letter received yester-
day. You speak of your slender of
your resignation as Railroad Commits
siOner," and say that in as much as you
have had no intimatiOn from me as to
| my intention either to accept or de-
. cline your tender of resignation, you
infer that our services are to be con-
tinued In the office and therefore you
. Withdraw the tender" 1 treated your
letter as tender of your resignation,
and 80 referred to it and designated it
/ in my remarks before the Commission
, in your presence, and to this you did
not demur. In your letter which is
+ now before me you treat it the same
way, and refer to it as tender of OuH
resignation. do not think 1t is fair
= or right, or proper for you to in any
+ way change the status or position Al
. you fixed it in your letter. have moi
decided to accept your resignation OF
| not. did not want to be hasty or tt
=. treat you with any degree of harsh
q ness, such as might have be en- involved
t in the instant acceptance Of your res
\ ignation. You certainly ought not t.
r. of the consideration and indulgence
q which were extended to you. l hop
# therefore, that you will withdraw tn
,. expression contained in your last let
r ter to the effect that you "withdra1
!. the tender" and that you will not dis
l. turb the status as fixed by yourself i
"a the letter which you read to the Com
20 mission.
nj In:point of view your letter place
~ your resignation at my disposal, which
9. whether . tender of resignation or no
re was q distinct pledge to me and to til
~ public that you would tender your re.
i. ignation if requested by me-. n
he amount of pressure will cause me
he act in this matter without due consi'
Grafton or without regard to your fee
r ings, or regard to the public int rest
to Very truly yours,
nv tSigned) d. l.. RUSSELL
ms To the allowed letter Mr.. Caldwt
S In made no reply. The Governor tn
wo wrote him the following letter;
III. RALEIGH, N. c., April 9th, '9s
no l.. G. CALDWELL Esq, Statewide, n.
as SIR:-In your letter of March &c
10! 1898. you notified me that your resi
ers nation as Railroad Commissioner v
w at my disposal. This was treated
no me and by you as an uncOnditioI
'us, tender OF. your resignation. l am I
put willing to admit that you could wit
pie draw the tender of resignation wit
esi- out my consent. | therefore not
Inc you that your resignation is accept
rec. and that the Office is vacant.
me- 1t ought to be, however, immatel
ASK whether the Office is or is not vac
Her in law, because 5 gu gave to me and
; the people of the State in your lei
! De ance that your resignation was at
disposal. This, if it with what
zine. lowed did not amount to q resiR
ton, was at the least distinct pie
,o to the public and to the Governor
.a.S you would formally resign If so
.onS quested by the Governor.
Relying on that pledge and will
tho waving any right to treat the Offic
md vacant and to appoint euccessO
a in ask that you will comply viii
% promise in good faith, and send tt
part iorn VI lev.e. y. re,s n"''o"'
(Signed) D. L. russell
louise To the above letter Mr.. Caldwell
tates piled as follows:
at to Sr.rravr1rr N T. Anril II.
lleled uov n r. Rnaar,1 Rsleieh. n. 6
T de- SIo.cYonr Letter If Anil 9th.
most RI h.nd THE morn;n~
fare, NJ res,~nstion has never bae
which CON- hands. Tho tender thereof
berty not .ccantea. . f,istinct withdraV
ent of tho ssma w.s msde known to va
ynizes ie lett of Anil lat 1sas. which ,
E and S., "a 80 .r;rht r. m.ko