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Attorney Generals office
In the Matter of Hon. V. Coleman's right to seat in H.R. I am of opinion a resignation not delivered to the Governor, by a person with whom it had been entrusted, but destroyed and not delivered would not amount to a resignation.
The state of facts in regard to the basis of action upon which the proclamation is was issued for the election of another member in his place, is not fully within the knowledge of M r Coleman -- and I have not the facts sufficient to enable me to determine whether a resignation did take place.
I think from the statements made to me that M r Coleman should occupy the seat until some other claimant appears -- The House is the Judge of the qualifications of its own members
If there has been no election under the Proclamation -- there should be no other issued unless a proper resignation is on file in the Secretary's office.
A J James atto Genl
Gov. Magoffin