Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-29
ARE NOT RESERVATIONS
McLAURIN AND TILLMAN ARE STILL
UNITED STATES SENATORS.
Document Rewarded to the Governor
Only :" soS'heats,3. and Either May
Withdraw ReAore September Is.

An Interesting question relating to the
legal status II het9oint resignation which
was recently submitted to the governor of
South CarolNa by Senators Tillman and
McLaurin oflthat state has arisen, which
Is evoktng great deal Of discussion among
members OF Congress in Washington. AS
this dual resignation was worded it will
take eject on September 10 next. The
question which has arisen Is whether the
document signed and forwarded by the
two South Carolina senators to the govern
or OF the state is,a bona fide resignation or
whether it is simply a notice Of resigna-
ton, which may be withdrawn at the pleas
ure Of either senator. The point is made
that the so-called resignation is not legally
such until September Is, when it becomes
operative; that either man may withdraw
from the signed paper by serving notice
upon 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 APP
pointed before September Is by the gov
ernor Of the state 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.
"A Democratic Senator's Views.
In discussing the subject with Star re-
senator, who is recognized as one of the
foremost lawyers of that 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 specitied-that is,
September Is. In the meantime either may
Withdraw and the governor of the state
will be obliged, under law, to recognize
such Withdrawals In case out in Indiana
some years ago this question arose. The
supreme court of that state held that such
a resignation was simply notice of an in
tention to resign and that the man who had
submitted 1t was entitled to withdraw it at
MS pleasure. In order for Messrs. Nc
Laurln and Tfllman to resign in the regular
ana legal way it will be necessary for them
to sign paper relinquishing their seats at
once. They are United States senators
still and will be until September 10. No
man can be appointed to fill either seat and
no blndlng primaries can be held simply
because there are no vacancies to be filled.
rms places an aspect upon the question
which might lead some to believe that there
is possibility of a lack of sincerity on the
part OF one or the other of the two Sena-
tors. There is no telling what complica-
lions may arise calculated to lead either
man to withdraw his resignation. which
can be done without detriment to his stand
Ing as member of the Senate.
A Similar Question Discussed.
A similar question was fully discussed on
the first day of the last session of Congress,
when the subject of the seating Of Senator
Delivers successor was under discussion.
Mr.. Dollivers resignation as a member OF
the House was worded so as to take effect
on December3. This was submitted to the
governor of Iowa about three months be-
fore that date. The governor ordered an
election, which was held in Mr. Delivers
district on Novem Der + previous and a sue
cessor to Mr.. 'Dolliver was elected. When
his credentials were presented to the House
on December the point was raised that
they did not entitle the newly elected mem
Der to seat in THE House. This conten-
ton, after great deal of discussion, was
upheld.
The case IS somewhat similar to that Of
the two South Carolina senator's Neither
one has resigned Each has simply served
notice upon the governor that he intends to
resign. Not until September 10 will either
man be considered as an ex-senator, and
either may at any time during the interim
withdraw, the governor according to the
Indiana decision, being obliged to consent
To n al