The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-14
BAILEY is DETERMINES
Will Raise the Right OF Genera,
Wheeler to His Seat.
THREE OTHER MEMBERS
Served In the War and Now in the
House-Obedience to One OF
the Provisions OF tho
Constitution.

Bailey of Texas has decided to raise
the right of Major General Wheeler 10
participate in the proceedings of the
house. should he attempt to exercise
the privilege of a member lie will also
raise the question as against three other
members of the house who entered the
service in the United States army dur-
ing the war with Spain -Messrs Rob
bins, rep. Pennsylvan'a; Colson, rep,
Kentucky. and Campbell, dem, llii-
nois.
None of these members of the house
who entered the military service has
participated in the proceedings since
the session convened, either to intro
duce bills or vote upon roll call, but
last Saturday night General Wheeler
attended the democratic caucus. AS
none but democratic members or con-
gress are members of the democratic
coucus. Mr.. Bailey says this raises the
presumption that General Wheeler o n
templates resuming his seat in the
house. Concerning the question at is
sue Mr.. Bailey made the following
statement to-day:
Il have heretofore refused to say
anything on the subject for publication
but / have seen so many and such Iif-
i ferent statements dltilDutcu " -ht tho'
I have decided to state my position;
and il will be found hat / am simply
insisting upon an obedience to one oil
the plainest provisions of the constitu-
ton.
section 6 of article / declares that nc
person holding any office under the
United States shall be a member OF
either house during his ontinuanc IN
Office
Undoubtedly General Wheeler is q
person and a very distinguished one
undoubtedly the major generalship re
holds is an office under the united
States and a very high one; 1t Is there-
fore perfectly plain that when ne ac-
cepted his appointment in the army he
vacated his seat in the house of repre-
sentatiyes. The constitutional provis-
ion is not only as plain as the English
language can make IL, but this vefy
question has been expressly decided
twice. and unanimously DECIDED the
same way on both occasions. 1t arose.
first. In 1903. when Mr.. Vannes, VINO,
after qualifying as a member or the
house, accepted an appointment IS a
major of the militia of the Dlstrlct CT
Columbia. His military office carrleu
no salary and involved practically no
duties. but notwithstanding the ques-
ton was raised and the house unani-
mously decided hat he had forfeited
his seat in congress. When the house
was about to take the vote, the lion
John Randolph, the leader or the 1em,
ocratic party in the house, oeclareu
mat although IL was agreed by every
hodv that MIR. Vannes had forfeited his
seat. he desired that the disposition OF
the house to exclude by unanimous
vote even the shadow of executive IN
nuence should be recorded on tnelr
journal. for which purpose he demand
ed the yeas and nays.
LID nnd thu r0ROTn
shows that the house voted unanimous
Iv in favor of the very position which L
am now asserting.
1.-THE same question arose the second
time during the Mexican war When
Mr.. Yell of Arkansas accepted an APP
pointment as a colonel OF NoiunteeIs
THE governor of that state held that IN
accepting his military appointment ne
had forfeited his seat in congress ana
ordered an election to fill the vacancy;
Mr.. Newton was elected at the speciai
election, and when he appeared at the
house and asked to be sworn u. an
objection was made. Inc opJectlon
howeyer. was not based upon the
/ rround hat Colonel Yell could hold a
; seat in congress while acting as a mn
tary officer of the United states, but IL
was decided that the house was nor IN
possession of any facts to show that
Mr. Veil had either resigned or become
Ineligible; and Mr.. Jones OF iowa
moved to refer the whole question 10
the committee on privileges anu eIec-
l tons. During the debate a report IRON
l the adjutant generals Once was ,eaa
2 showing nat Mr.. Yell at the time held
a commission as the colonel OF a volun-
I teer regiment. The Congressional
V Globe recited that upon TINS peinG
made TO appear, all objection 10 MI
5 Newton aking the oath as a menlpei
Of the house was withdrawn ana thus
v .ua.l tipna the house SOlemnlN anu
. unanimously decided that no man car
!, he a member of the house or represeh'
T tatives while holding a commission ~
: the army of the United states. I'M
T question arose again during tne CIV
= war. and even in that time or utter anc
reckless disregard Of CONSTITUTIONS
: limitations. the early decisions wer'
D adhered to and enforced.
'In the decision of Wheelers ease
: have heard quite a number or men sa!
tina 1t should not be raised, put sa
a not heard a single man say ina
: Wheeler does not vacate his seat IN IN
: house when becoming a major genera
Whether we think the question: Cosh
y or ought not to be raised Will o"P".n'
: very largely upon the way W e IcSat,
the constitution. Men who belleNe IL
faithfully Twins up to all OF It's pro
visions will abhor the idea or permlttnl
n ono Of its plainest and wlsest saie
guards to be openly violated OUT Q
personal consideration Tor any maj
: however patriotic he may be; AS 10
nv part. / should regret to feel com
peIled to raise a question against an,
COLLEAGUES and / would especially regre
TO be compelled to raise II against Gen
eral Wheeler, but, however much 1 ma
IS repret the necessity of doing so. i wi
Is raise IT any man attempts
a assert his right as a membe OF Tn
J. house after having accepted an ofic
n under the United states. am one {
e those who believe that IL Is the hIgne'
4, dutv Of every man to obey the law an
l. 10 respect the constitution and / hav
is little patience with the weak sugges
lie ton mat a member of ongre sha
p shrink from his sworn duty because
public sentiment would allow a braN
, man and distinguished man to hold tw
ST high offices, even though IL be agalns
J. the constitution OF our country"