The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-03-06
IS BAILEY STILL A SENATOR?
THEORY ~ CONGRESS THAT 4
RESIGN tTION rs FINAL.
There Il a Precedent for 1hat View In
the House Senator stone Leader OF
an Anti.Baiicy Faction Amone thc
senate uDemocrats-The Split Widens.

the House Senator Stone Leader OF
an Anti.Baiicy Faction Amone thc
senate Jpemocrats--The Split widens.
WASHINGTON. March S.-The point IL
being raised by lawyers In Congress a.
TO whether Joseph Weldon Bailey Is any
longer o member OF the Senate. notwith-
standing the fact that he withdrew his
esignation about six hours after IL has
been sent to Gov. Colquitt Of Texas.
Some lawyers argued to-day that the
resignation acted automatically the min
ute Gov Colquitt acknowledged receipt
OF II and that retirement from the Senate
in this manner IL not affected by Gov
ernor's refusal to accept the resignation.
Other lawyers are inclined to the opinion
that the Legislature being in session the
resignation became automatically ef-
fective the minute it came before the
Legislature and that the action OF the
Texas Senate in voting on the motioS
TO request Senator Bailey to withdraw hit
resignation constituted a formal recog-
milton OF it by that body. The lawyers
who take this view contend that there Ia
very fine question whether Senator
Bailey Is not now out OF the Senate.
Another point raised is whether the
Vice President had the right to withhold
the notice OF resignation after its presenta-
ton to him for submission to the Senate.
This. however. is regarded as minor
point. the main question. the lawyers con
tend. being whether the resignation
automatically followed it's presentation
to the Governor.
What il regarded as a precedent for
this situation il a case which occurred in
the House in 1879 when member Of the
House who had resigned was not per-
mitted ~ the House TO withdraw his
resignation. This case. recorded in
Hindss Parliamentary Precedents." was
that OF Representative J. 8. Golladay OF
Kentucky. The question arose whether
the Governor Of Kentucky had any right
to refuse to accept Golladay's resignation.
II was insisted on the floor Of the House
that Golladay from the time he presented
his resignation was no more a member
than any stranger in the gallery. In
support OF this claim the Whittemore case
was cited as follows:
THE right Of resignation is purely
personal to a member and when he has
exercised this right he becomes ipso faoto
no longer a member"
1t IL contended that the single differ
ence between Senator Bailey's case and
that Of Golladay. who by the way never
resumed his seat, lies in the fact that
Golladay's resignation was entered in
the journal OF the house. while as the re-
suit Of the action OF the vice-Prcsidellt
this was not done in Senator Bailey's
case. II il further contended that Vice
President Sherman simply exceeded his
authority when he showed Senator Baileys
resignation in his pocket instead Of pre-
senting it to the Senate az Senator Bailey
requested.
The action of Senator Bailey in resign
ing served to emphasize the cleavage in
the Democratic minority in the Senate.
On the eve of the extra session Of Con-
gress, in which the Democrats will be in
control of the House. the members OF
that party in the Senate find themselves
split into warning factions.
Senator Bailey is at the head OF one
faction and Senator William Joel Stone
Of Missouri is leading the other. The line
of cleavage was indicated in the Lorimer
case. In that matter most OF the Demo
Gratis in the Senate declined to follow Soma
tor Bailey's leadership.
In the appeal made to the Senator from
Texas yesterday that he reconsider his
resignation and remain in the Senate
the alignment OF MIR. Bailey's friends
10 again demonstrated. Those Senators
who joined him in the defence OF Senator
Lorimer signed the appeal. But thero
was conspicuous absence among tho
signatures of those Democratic Senators
who were opposed to Lorimer.
In the alignment against Senator
Bailey is his colleague. Senator Culber-
son OF Texas The revolt against Sem
ator Bailey's nominal leadership has
been growing for some time and IL prob
ably will be stronger in the new Senate
than il was in the old. Nearly all OF tho
new Senators are expected to line up
with the ti-Bailey faction. An excep-
ton will be Senator Clarence Watson
of West Virginia. who is newcomer.
having served but few weeks.
MIR. Watson is one of the largest owners
of coal property in the country and prob
ably shares Senator Baileys opinion
that free raw material is not a Demo-
cratic doctrine. In any event he has
been voting with Senator Bailey in most
matters and is apparently very much
devoted to him personally.
The differences between the factions
are fundamental. The men who are
following Senator Stone are in favor
OF a radical revision Of the tariff. and they
are the friends OF William J. Bryan.
Among the new recruits to MIR. Stones
following will be- Senator Pomerens
Of Ohio. Senator Kern OF Indiana. Senator
Hitchcock OF Nebraska. Senator Reed of
Senator MARITIME of New Jersey
and probably MIR. Myers. the new Senator
from Montana.
Senator Bailey is not the chairman
Of the Democratic minority. He refused
to permit his name to be used for tho
office at the time Senator Culberson was
chosen and even before. After Mr..
Culberson resigned the honor went to
Senator Money of Mississippi. who re-
tired on March i.
Part OF the work before the minority
in the Senate when tho extra session
meets will be the election of chairman
M tho namocratic cauc,is vhicb corr;oa