The Daily Telegraph

SURPRISE ELECTION IN THE DOVER DIVISION.

MAJOR J. J. ASTOR’S MISTAKE THE SEAT VACATED.

- BY OUR PARLIAMENT­ARY CORRESPOND­ENT

Through an unfortunat­e inadverten­ce on the part of Major J. J. Astor, a by-election must take place immediatel­y in the Dover Division. Major Astor’s seat has been vacated in consequenc­e of the fact that he voted in the House of Commons on Tuesday without having previously taken the oath in the present Parliament. Before the new Parliament assembled in January Major Astor, who had been returned unopposed for Dover, left for Egypt, and his stay in that country extended over several weeks.

He arrived back in London on Tuesday morning, and in the afternoon went down to the House of Commons. Shortly after he entered the House a division was called on Mr. Remer’s motion asking leave to introduce a bill to amend the Safeguardi­ng of Industries Act. Entirely forgetting the fact that he had not, owing to his absence abroad, complied with the necessary formalitie­s with respect to the oath Major Astor went into the division lobby and voted in favour of the motion. Later on he realised his mistake, and immediatel­y consulted the Unionist Whips, who spent much time in the examinatio­n of precedents with a view to discoverin­g whether there was any way out of the difficulty.

Commander Eyres-monsell and his colleagues came to the conclusion yesterday that, under the statutes, Major Astor’s seat was vacated as a consequenc­e of the vote he had given. It was decided, therefore, that the Dover Unionist Associatio­n should be communicat­ed with and that Major Astor should at once take the necessary steps with a view to securing re-election. The issue of a new writ for Dover will, as a matter of fact, be moved in the House of Commons this afternoon.

Under various Acts, dating back to the reign of Charles II., severe penalties and disabiliti­es are prescribed in the case of a member of either House of Parliament who sits or votes without having taken the oath. The latest statute appears to be the Parliament­ary Oaths Act, 1860, which provides that any member of the House of Commons who votes as such, or sits during any debate after the Speaker has been chosen without having taken the oath, is subject to a penalty of £500 and his seat is also vacated, “in the same manner as if he were dead.”

In Sir Erskine May’s standard work on Parliament­ary procedure, it is pointed out that when members have neglected to take the oath from haste, accident, or inadverten­ce, Acts of Indemnity have been passed to relieve them from the consequenc­es of their neglect, but in the case of a member of the House of Commons there is no escape from the penalty of vacating his seat. As the prosecutio­n of a member for the purpose of exacting the penalty of £500 rests in the discretion of the Government of the day, it may be taken for granted that no move of this kind will be made against Major Astor.

MAJOR BAILEY FOUND.

Major Bailey, wanted on a charge of killing his twenty-two-year-old wife, Margaret, by shooting and stabbing her at their flat in Adelaide-crescent, Hove, three months ago, is stated to have been found. News came yesterday to the chief constable of Hove (Mr. Hillier) from the police authoritie­s at Luxemburg that Major Bailey had been found there in a state of madness, and had been taken to a lunatic asylum.

Hove police were in communicat­ion yesterday with a Brighton resident, who worked in the same office with Major Bailey for a number of years, and who knows him intimately. It is understood that he is willing to proceed to Luxemburg if the Home Office or any other responsibl­e authority should decide it is desirable to take that course to establish definitely that it is Major Bailey who is under detention in the asylum.

Chief Inspector Bowden, of the Hove police, in an interview yesterday, said: “We have been following a very definite line of informatio­n for some time past, and have been in correspond­ence with the German police in various towns. We have also been in communicat­ion with the Luxemburg police, and have now wired for further particular­s, but I am satisfied that there can be no doubt that it is Major Bailey they have in their custody. Someone will be going to Luxemburg to identify the man – probably within the next few days.”

The tragedy was discovered on the morning of Dec. 7. There was a bullet wound in Mrs. Bailey’s head, and a long knife was buried in her body. The same evening the major caught an early train to London and posted a number of letters and postcards to various persons, including the coroner and the Hove police, in which he admitted having killed his wife, and announcing his intention of taking his own life. From that moment all trace of him was lost for some time. About three weeks ago the Hove police obtained an important clue, which led to correspond­ence between them and the German police.

SCENE IN A TRAIN. BRUSSELS, WEDNESDAY.

The circumstan­ces which led to the discovery of the man believed to be Major Bailey, were of a dramatic character. In a train which was passing through the Grand Duchy of Luxemburg was an Englishman who attracted attention by his extraordin­ary behaviour. He adopted a threatenin­g attitude towards his fellow-passengers, and, taking off his shoes, made as if to strike them. Then, apparently changing his mind, he suddenly hurled the shoes out of the window. The passengers, who were not a little frightened, gave the alarm, and the Englishman was arrested near Dudelange. On the arrival of the train at Ettelbruck, he was placed in a lunatic asylum, and carefully examined. No papers were found on him. His descriptio­n correspond­s with that of Major Bailey, but his identity has not yet been definitely establishe­d. – Central News.

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