The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-31
Sept. 10 Named by the Two Statesmen m
as the Date on Which Resigna-
tiOns Are to- Take Effect.
SHARP ATTACK ON TILLMAN
M'LAURIN ALLUDES TO HIM AS THE
"PITCHFORKLESS PIGMY."
Also Calls Him a Mischief Maker and
Brands Him as n CirculatOr
of False Charges.

Special to the Indi lnapolis Journal
WASHINGTON, May 30.-An interesting
question relating to the legal status of the
joint resignation which was recently sub
rnitted to the Governor of South Carolina
by Senators Tillman and McLaurin, of that
State, has arisen, which is evoking a great
deal of discussion among members of Con-
sress in Washington. AS this dual resiS-
nation was worded it will take effect on
Sept. 10 next. The question which has
arisen is whether the document, signed and
forwarded by the two South Carolina sena-
tors TO the Governor of the State, is a bona
fide resignation or whether it is simply a
notice of resignation which may be with
drawn at the pleasure of either senator
The point is made that the so-called resig-
Iation is not legally such until Sept. is,
when it becomes operative; that either man
may withdraw from the signed paper by
serving notice on the Governor, and that
any primaries which may be held between
the present and that date will be invalid
and that lastly any man or men who may
be appointed before Sept. Is by the Gov
ernor to fill the two vacancies sought to
be created-if the Governor should decide
to appoint successors-will not be entitled
to recognition as United States senators.
In discussing the subject to-day a DEM
ccratic United States senator, who is recog-
nized one of the foremost lawyers Of
tha, body, said: Senators Tillman and
McLaurin have not resigned they have
merely notified the Governor of their State
Of their intention TO resign. Their alleged
designations will not take effect until the
date specified, that is Sept. Is. In the
meantime either may withdraw, and the
Governor of the State will be obliged under
law TO recognize such Withdrawals. In q
out in Indiana some years ago this
question arose. The Supreme Court of that
State held that such a resignation was
simply a notice of an intention to resign
and that the man who had submitted it
was entitled to withdraw it at his pleasure.
In order for Messrs. McLaurin and Till
man to resign in the regular and legal way
IL Will be necessary for them TO sign pa
per relinquishing their seats at once. They
are United States senator's still and will
be until Sept. Is. No man can be appointed
10 fill either seat and no binding primaries
can be held simply because there are no
vacancies to be filled. This places as
pect upon the question which might lead
me TO believe that there Is a possibility
OF a lack of sincerity on the part of one or
nc telling what complications may arise
calculated to lead either man to withdraw
his resignation. which can be done without
detriment TO his standing as member of
the Senate.
"A similar question was fully discussed
on the first day of the last session OF Coa-
gress, when the subject of the seating of
Senator Delivers successor was under dis
cussion Mr.. Delivers resignation as 4
member of the House was worded so as
TO take effect Dec. 3. This was sub
mitted 10 the Governor of Iowa about three
months before that date. The Governor
ordered an election, which was held in Mr.
Delivers district on Nov. previous, AMI
a successor to Mr.. Doliver was elected
When his credentials were presented 20
the House on Dec. 3 the point was raised
that they did not entitle the newly-elected
member 10 a seat in the House This con-
tention, after great deal of discussion
was upheld. The case is similar to that Of
the two South Carolina senator's Neither
one has resigned. Each has simply served
rotice upon the Governor that he intends
to resign. Not until Sept. Is will either man
be considered as an ex-senator, and eithe.
may at any time during the interim witr
Draw, the Governor, according to the In
diana decision, being obliged to consent 20
such withdrawal"