Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-20
MIR, ELKINS TAKES A HAND.


Senator Elkins has aninterview in the
Fourteenth street organ which, while
a work of art in it's way, will be some
what amusing to those who are posted
upon the subject whereof the Senator
speaks-the cases of Pierson and Get
Zendanner
Mr.. Elkins is an interesting and fore
ible reasoner. When we say fOrcible
we mean he does not permit any OBJ
stacle to stand in his way that can be
removed by force. If it does not yield
to force of reason it is quietly whisked
out of the way by brute force.
Thus Senator Elkins disposes of the
Constitution in the cases of Pierson
and Getzendanner or, rather, that part
of the instrument that stands in the
way of his argument that Pierson and
Getzendanner are still entitled to their
seats in the State Senate.
Senator Elkins says that Sec. II of
Article is the part of the Constitution
that we must look at in deciding this
case and only that section. 1t reads:
No person shall be a Senator or dele
gate who has not for one year preceding
his election been a resident within the dis
trict or county for which he is elected,
and if a Senator or delegate remove from
the district or county for which he was
elected his seat shall be thereby vacated.
That covers the whole ground, says
Mr.. Elkins sauvely, and shows that
Pierson and Getzendanner must be per-
mitted to take their seats regardless of
their acceptance of commissions in the
army.
But there is another section in this
article 6, and it says:
Section 19.-No person holding a lucra-
tive office UNDER THIS STATE, THE
UNITED STATES, or any foreign gov
eminent. no member of Congress. no per-
son who is a salaried officer of any rail-
road company or who is sheriff or con-
stable, or clerk of any court of record
shall be eligible to a seat in the Legisa
ture.
Now, herein comes the forcible part
of Senator Elkins's reasoning. He dis
poses of Section IS of Article of the
Constitution as easily as if it were
fly on the end of his nose. He just
whisks it away. Section II is what we
must look at; not Section IS, says the
Senator, pleasantly brushing it aside.
He says-and mark how neatly he dis
poses of Section 10 so formidable to
other constitutional lawyers-that it
only refers to primary eligibility and
that nothing vacates Legislative seat
but removal from the county or dis
trict. There we have it-a Senator
once elected may hold all the Offices
under the State or the United States
within his reach-be a regular Pooh
Bah, in fact-and not vacate his seat
in the Legislature under the Consti-
tuition so long as he remains in the
county or district! Section II covers
it all, says the Senator firmly. Nothing
is to be considered outside of that sec
ton. AS Section II says nothing
about Senator's death vacating his
Office, and as the law does not recog-
nize religion, even death would not
vacate Legislators seat so long as
his body was buried in the county or
district, according to Mr. Elkinss in
depreciation of the scope of Section II.
Section 10, meanwhile, which follows
and enumerates in logical sequence the
things that cause ineligibility, is not
to be taken into consideration at all.
1t doesn't suit his purpose and so our
Podsnappian Senator puts it behind
him in one grand sweep
Concluding, Mr.. Elkins says: "All
good citizens of the State should up-
hold the law" By which it is evident
the Senator means that all good citiz-
ems should uphold the law as he inter-
prets it, and not as it reads.
Administration organs, such as the