The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-03-15
TALKING ABOUT BAILEY.
1T NAY BE, AFTER ALL, THAT
BAILEY LOST HIS SEAT IN
THE SENATE.
Some Think Ills Rcsigation Became
Effective Even AZ withdrawn.

Is being raised by lawyers in con-
gress as to whether Joseph Weldon
Bailey Is any longer member of the
senate. notwithstanding the fact that
he withdrew his resignation about six
hours after II had been sent 10 Gov.
ColQuitt OF Texas. Some lawyers
argued today that the resignation
acted automatically the minute Gov.
ColQuitt acknowledged receipt Of 1t
and that retirement from the senate
I'm this manner Is not affected by a
governors refusal to accept the re-
signation.
other lawyers are inclined To the
opinion that the legislature being In
session the resignation became auto
matically effective the minute 1t came
before the legislature and that the
action OF the Texas senate in voting
on the motion to request Senator
Bailey To withdraw his resig-
nation constituted a formal recog-
milton OF It by that body. The law
yers who take this view contend that
there Is a very fine question whether
Senator Bailey Is not now out Of the
senate.
Another point raised is whether
the vlce-president had the right to
withhold the notice OF resignation
after its presentation to him for
submission TO the senate. This,
however. Is regarded as a minor
point. the main question. the lawyers
contend. being whether the resigna-
tion automatically followed its pre-
sentation to the governor.
What Is regarded as a precedent
for this situation is d case which oc-
CURED In the house in 1879 when
member OF the house who had re-
signed was not permitted by the
house to withdraw his resignation.
This case. recorded in Kinds Par
lamentary Precedents." was that of
Representative ]. S. Golladay of Ken
lucky. The question arose whether
the governor of Kentucky had any
right 10 refuse to accept Golladays
resignation. IL was insisted on the
floor OF the house that Golladay from
the time ne presented his resigna-
ton was no more a member than
any stranger in the gallery. In sup
M oil h0 l.
case was cited as follows:
THE right OF resignation is pure
ly personal TO a member, and when
he has exercised this right he be-
comes ipso facto no longer a MEM
ber"
IL Is contended that the single diff
ference between Senator Baileys
case and that Of Golladay. who by
the way rever resumed his seat. lies
In the fact that Golladay's reslgna-
tion was entered In the journal of
the house. while as the result OF the
action OF the vice-president this was
not done I'm Senator Bailey's case. 1t
Is further contended that vice-Presi-
dent Sherman simply exceeded his
au nority when he showed Senator
Bailey's resignation I'm his pocket
instead OF presenting II to the senate
as Senator Bailey requested.
The action OF Senator Bailey In
resigning served TO emphasize the
cleavage in the democratic minority
In the senate. On the eve OF the ex-
ira session Of congress, in which the
democrats will be I'm control OF the
house. the members OF that party In
the senate find themselves split in
TO warning factions.
In the appeal made to the senator
from Texas yesterday that he recon
slider his resignation and remain in
the senate the alignment Of Mr.. Bal
ley's friends is again demonstrated.
Those senator's who Joined him In
the defence OF Senator Lorimer sign
ed the appeal. But there was con-
spicuous absence among the sigma
VI NHbot utTlOtTdliC senators
who were opposed To Lorimer.
In the alignment against Senator
Bailey Is his colleague, Senator
Culberson Of Texas. The revolt
against Senator Bailey's nominal
leadership has been growing for some
time and II probably will be strong
er in the new senate than e was In
the old. Nearly all OF the new sem
ators are expected to lire up with
the anti-Bailey faction. IN exception
will be Senator Clarence Watson OF
West Virginia, who Is a newcomer
having served but few weeks
Mr.. Watson Is one of the largest
owners Of coal property I'm the coun-