The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-03-07
EXPERTS c-.Al" REsiCNATlol
or aEkAT0R FROM TEXAS
Is CONT ETE.
PRECEDENT WAS c|TfD
In 1870 ). S. GoIladay cf Ken;uc%y,
Resigned s,at in House--Se,agnt
to Recall Act, But
Failed.

Washington, March G.--IIas Io-e Il
w. bailey any legal right to a i .lt
IN Tie senate from the state OF Texas
Lurirg tie calm following ine
storm OF yesterday, pariianentarian
nave had time 10 look about the dol.
cate point is raised tonight, that, has
ing reslg.aa his SEPT, tie Texas s.i~
ator could not reclaim IL ny q VITA.
drawal OF his resigaatol, aiJ W.
oancy therefore exists Until ii is fllei
bB goydsnMen. cppoiiltmant or an
election by tie legislature.
Precedents arc cited In support CT
the contention. In 49, j. s. Goi.a-
day Of Kentucky resigned his seat
in the house ef Representatives Latc~
he sought to recall the act, Lut ii was
insisted cn the floor of the house thai
from the time he presented Ills re-
signatlon he was no longer member
OF the body In the fight That fol-
lowed tAe earlier case of Whitemore
was cited, as reported in the pariia-
mentary precedents of Asher IIinsis,
III which this rule was laid dow1.
Tfc.edent is Cited.
"The right OF resignation Is purely
personal TO a meetlber and Wncn 10
has exercised This right he becomes
ipso facto 70 longer a me,sber.''
Golladay was never permitted to
resume his seat
Bailng's case differs from itsgef
Golladay only in the respect t ~ t'n
latters resignation was entered CT
the Journal, while Baieys escape.i
such recording by IN arbitrary AMI
rroutsorlzed act of Vice President
&aeman. Bailey pegnel his reslg1a-
ton and sent 1t by telegram to Gov,
Colqultt Of Texas ami then fifteen
minutes later handed copy to tho
vice president VITA a reqrc"' tnat az
nonncement Of the resignation De
made from tie senator.
II is the duty Of the vice presilen.
TO perform Just such requests. He is
the medium through which the bust
ness of the senate is transacted. All
communications pass through his
hands, sut there Is no authority Of
rover ii his office to withhold any
Communication of a proper character
thai is handed to him to be laid be,
fore the boly.
Resignation Complete.
But tic failure Of the vice pgesiden.
rarliamcnt0rians hold, to lay before
the senate the Galley resignation does
not help GAe senator's case. Bailey
penned his cwn resignation and the
document, in his ewn handwr:i;n~,
was deposited With a telegraph coz
pany for transmission 10 Give"nor Cel-
amtt. The act was therefore made
complete and from the time the tel2-
gram left Ba!loy's hands, he ceased to
be a membc" Of the senate.
Governor Colqritt acknowledged
the receipt OF the resignation in his
telegram requesting Bailey to with
draw it, The Texas senate took cog
mzance of the resignation by adopt
ing resolution 20 to 5, requesting
also that it be withdrawn. 1t was a.
few minutes after II O'Clock a. M.
when the resignation was written and
not until 6 o'clock y. m, did Bailey,
responding to the appeals wired to
the governor of Texas, a Withdrawal.
For seven hours, therefore, Bailay's
seat was vacant.
Vital Questions at Hand.
The same emergencies may arise
again at any time. A ship subsidy
bill, TO which Bailey is opposed, might
be defeated by lis vote. Even the
constitution of Arizona, the cause OF
his resignation yesterday might fall
bv the same means, or bills on which
ne voted favorably and cast the de-
Gliding vote might be called In ques
ton on the basis OF his il.ega' pres
ence in the senate.
He is needed in the seat he rashly
vacated, as the one dominating force
on the corporation side since the pas
cling of Nelson w. Allrich, and the
interests in and out of the senate are
looking forward to the time when tae
political pendulum having swung the
Democracy into full power in Wash
ington, Bailey will be the undisputed
master of the upper chamber as Al.
drich was In the days Of old.
This is why the friends of free gov.
ernment in Washington want the de
licate point Of his right to seat set.