Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-04-11
MESSAGE OF RESIGNATION TO
GOVERNOR OF TEXAS CAN NOT
BE FOUND.
MIGHT INvALlDATE TITLE
10 TEXANS SEAT IN SENATE
Anti Bailey Senators Conduct Quest
For Telegram But Arc outwitted and
I Bailey May Be Permitted to Hold
His Seat Without Effort to Gust Him
Bailey Acted Hastily.
Especial correspondence

Washington April 11.-What has be-
come of the telegram to the governor
Of Texas in which Joseph Bailey re-
signed as a member of the United
States senate?
This is the question which is being
asked by certain anti-Bailey senator's
who have interested themselves in the
matter with q view to determining DEN
nitely and conclusively whether the
senator from Texas is entitled to the
seat which he occupies in the Sixty
second congress.
For a few days after the adjournment
Of the SiXty-tirst congress on March
last there was some speculation as TO
whether Senator Bailey had the right
to recall his resignation, at the earnest
solicitation of Vice President sherman
and a number of prominent democrats.
The agitation in this direction subsidized
after few days discussion and it was
supposed that Baiiey's right to a seat
in the senate would remain unques-
toned turnout the remainder OF his
term, which expires on March 4, 1913.
Telegram Gets Lost.
It now develops, however, that some
senators have become SO interested In
the matter that they have been con-
Quoting a quiet hunt for the famous
telegram sent by Bailey on the closing
day Of the SiXty-first when, angered
by the vote of his party for the admis-
sion of Arizona and New Mexico as
states, he presented note OF reS1gna-
ton to Vice President Sherman and
sent telegram of resignation to the
governor of his state. According to the
senators who have been on Bailey's
trail there is no trace of the telegram
in the files OF the executive office at
Austin, Tex, and the assumption Is
that the governor proceeded on the as
sumption that it was private message
and destroyed it. The note OF resig-
nation presented to Wire President
Sherman can not be res icl -eriously
in consideration Of the case because
its presentation was merely a courtesy
TO the presiding officer of the body Of
which Bailey was q member.
Title to Seat Involved.
Senators who are interested in the
matter declare that If Bailey's telegram
to his governor can be shown to be
an unqualified resignation he IL not en-
Sixty first congress. They declare that
a resignation without any reservation
whatever would automatically make
Bailey ap rivate citizen and that he
would have no more right to inject
himself into the membership OF that
body than would any other citizen Of
Texas, or any other state for that mat
ter who had not been provided with
the proper credentials Of appointment
or election.
Because Of the absence of the tele-
gram in question there is still some
doubt as to the ACCESSIBILITY Of making
fight against Bailey. Some of the
senators admittedly anti-Bailey declare
that 1t would be vase Of time to
attempt to force him out of congress
because Governor Colquith would i'm
mediately reappoint him and that.
therefore, much valuable time would
have been wasted. The word Is also
being passed around the senate that
Bailey has definitely decided to retire
as a member Of the senate and to take
up the practice Of law Immediately
after his term expires in 1913. On the
other hand there are some senator's
who believe that it would be a danger
Gus precedent to ignore the Bailey
resignation incident and for this reason
and regardless of their errrnity to the
senator from Texas they are anxious
to have. a lineup on the proposition.