The Washington weekly post., 1900-12-04
IOWA MEMBER STOOD ASIDE
Peculiar Complications in the Gre.
dentials of Mr. J. P. ConnOr.
senator Doiiiver Preferred the Salary Of {
Member of the House and Thus En-
dangered the Validity OF the Flee.
tioa in His District.

An interesting question affecting the
tenure OF members elected to hll a va
cahcy was raised in the House yesterday
When the credentials of Mr.. James z.
cohhor, or Denison, Iowa, from the dis
tiict long represented by Mr. Dol!iver,
now senator, were presented. Mr.. Dol
llVer was appointed a Senator in Octo.
Der, but resigned from the House to take
ehect the first Monday in December, and
continued to draw his salary as a men,
Der OF the House till yesterday. The Con-
stitution says that an election may be
held when a vacancy happens" and on
the objection Of Mr.. Bailey, of Texas. Mr..
Connor stood aside yesterday and has not
Yet been sworn in
The complication was all the more nota-
bic because Mr.. Delivers letter of resig-
nation accompanied Mr.. Connor's GER
tltcate. and was read yesterday from
the clerks desk. Otherwise. the House
would have been without official notice
that Mr.. polliver had purposed to re-
main member. The lawyers on the Re-
publican side were at their wits ENDS fol-
While as TO the solution of the diff
cElty. 1t was recognized that the resig-
nation of Mr.. Doliiver never should have
been read, and really had no place in the
House proceedings at that time How
ever, late yesterday afternoon another
certificate from the governor of Iowa
complying with the law in that State fol-
an issue in duplicate, was received. This
certificate from the governor is said to
be the really legal certificate, and the
probability is that Mr.. Bailey may with
draw his objection this morning when il
is read.
There is a law which provides that a
Senator. appointed to fill vacancy caus.
ed by death, shall draw his salary from
the date of the death of his predecessor
Mr.. Dolliver will accordingly draw his
salary as a Senator from the day of Sen
ator Gears death. In resigning from the
House. TO take effect the first Monday in
December, the House Republican lawyers
say, Mr. Dolliver was holding an incom-
patible office, and therefore the vacancy
In the House actually occurred, although
Mr.. Dolliver intended otherwise. On that
reasoning the governor of Iowa would be
justified in calling for an election and the
election could not be declared void.
In searching for precedents in such
cases IL was found that Speaker Read
when he resigned, contemplated dating
his resignation to take effect shortly be-
fore the beginning of the last session OF
Congress, but that he had questioned his
right 10 do so. or at least had believed
that the yisht would be debatable. He
therefore changed his resignation to take
effect at the time rendered. When Gen
Wheeler, OF Alabama. resigned, he stated
that 1t was to take effect at a subsequent
day. but tie governor ignored the prov.-
sion and accepted the resignation to take
effect at once.
The lawyers of both parties agree that
IL is we'll adjudicated that a public off
oial can not legally resign to take effect
"a some future time. A case cited by Mr.
Bailey in the House yesterday was from
the Supreme Court Of Indiana in 1853
wherein such a resignation by Judge Bid
die was declared invalid.
Mr.. Dolliver preferred his salary as a
member because of some convenience in
the matter of private secretary and
allowances during the interim.