The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-12-14
HOLDSTWO OFFICES
Representative Bailey will Question
General Wheclel's Position.
THREE OTHERS ARE INVOLVED
So Far None Of Them Have Taken Any
Part in the Proceedings.
CONSTITUTION PLAIN AND EMPHATIC
A Person Holding Government Office Ia.
eligible to Either House.
HAS BEEN EXPRESSLY DECIDED TWICE
In Both Instances the Action of the
House Was observation-disclosures
the LAW observed.
HAS BEEN EXPRESSLY DECIDED TWICE
In Both Instances the Action of the
House, Was Unanimous--Wants
the LAW observed.

Washington, December 13.--Representa-
tive Bailey of Texas has decided 10 raise
the question of tho right OF Major Gem
eral Wheeler to participate In the proceed-
ings of the house, should he attempt TO eX,
ercse the privilege OF member. He VIII
also raise the question as against either
Of three other members of the house who
entered the service of tho United States
during the war with Spain--Messrs. Rob
bins (Rep., PennsylvaDia). Colson tRep,,
Kentucky0 and Campbell Dem., Illinois,.
None of these members of the house, who
entered the military service has partiei-
pated in the proceedings since the session
convened. either to introduce bills or vote
upon roll call, but last Saturday night
General Wheeler attended the democratic
caucus. AS none but democratic members
OF congress are members of the democratic
caucus, MIR. Bailey says this raises the
presumption that General Wheeler con-
templates resuming his seat in the house.
Concerning the question at issue, Mr..
Bailey maze tho following statement to-
day:
a have heretofore refused to say any
thing On the subject for publication. But
j have seen so many and such different
statements attributed to me, that | have
decided to state my position, and 1t will
be found that l am simply insisting upon
an obedience of one of the plainest pro-
visions OF the constitution. Section 6 of
Article declares that no person holding
any office under thu United States shall
be member OF either house during his
continuance in Office
Undoubtedly General Wheeler Is IL
person, and very distinguished one; un-
doubtedly the major generalship. which
he holds, is an office under the United
States, and very high one; 1t is. there
fore, perfectly plain that when he accepted
his appointment In tho army he vacated
his seat In the house of Representatives,
The constitutional provision is not only
as plain as the English languages can make
1t. but this very question has been e&-
pressly decided twice, &pi unanimously
decided the same way on both occasions.
ut arose first IN 1903, when Mr. Yanness,
who, after Qualifying as a member of the
house. accepted an appointment as a major
in the militia of the District OF Columbia.
His military office carried no salary and
involved no practical military duty, but
the question was raised and the house
unanimously decided that he had forfeited
his seat in congress. When the house was
about to take the vote, Hon. John Ran
dolph, then the leader of the democratic
party iu the house. declared that although
it was agreed by everybody that Mr. Van
ness had forfeited his seat, yet he desired
that the disposition of the house to OK
ciude by unanimous vote even the shadow
OF executive influence should be recorded
on their journal. for which purpose he
demanded the ayes and noes. The roll
was caiied and the record shows that the
house voted unanimously In favor Of the
very position which I am now asserting.
The same question arose the second
time during the MEXICAN war when Mr.
Yei OF Arkansas accepted an appointment
as colonel OF volunteers. The governor
of that srate held that in accepting nfs
MILITARY appointment he had forfeited his
seaIs in congress and ordered an election
to fill the vacancy. Mr.. Newton was
elected at epscial election, and when he
appeared at the house and asked 10 he
sworn in en objection was made. Tine oh
lection, however, was not based on tho
ground that Colonel Yell could not hold =
seat in congress while acting as a military
officer OF THE United States, but it was de-
Clded that The house was not in POS ses-
sion Of any facts to show that MIR. Yell
had either resigned or become ineligible,
and 1t WAS moved to refer the whole quss-
tion to the committee ON privileges and
elections During the debate report from
the adjutant generals office was Rad.
showing that Mr.. Yell at the time he'd a
commission as the colonel OF volunteer
neg imsnt. The CoI--S,ssn.orlal Globe reco- Ia
tina. upon this being made 70 appear all
objections TO Mr.. Newton taking the oath
as a member of the house was Withdrawn.
and thus a second time she house solemnly
and unanimously decided that no man can
be a member OF the house o, representa-
tives while holding a commission In the
army OF tho United States.
THE question arose again during the