Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-07-21
HE CONSTITUTION
Doesn't Amount to Much, According
to the Republicans, and viii Not
Stand in the Way Of Their Objects.

Special to the Register.
Charleston, w. Va, July 20.-One Of
the Republican hold-over members of
the State Senate was in Charleston to-
day and was asked by a representative
of the Register what the Senate would
do in the matter of allowing Senators
Pferson and Getzendanner to retain
their seats after having entered the SER
vice of the United States.
"Oh, the war will be over within
few months at the outside" said the
Senator, land Pierson and Getzendan-
ner will return in time to take their
seats. For one / shall vote to allow
them to retain their seats
''But how about the constitutional
provision which inhibits citizen from
holding a State office and federal
office at the same time?" was asked.
sfWe can't afford to take the consti-
tuition too seriously" said the Sena-
tor. If the constitution was strictly
regarded, Samuel r. Hanen would not
have been Speaker of the House of
Delegates while holding the office OF
president and member of the Board or
Regents of the West Virginia colored
institute, at Farm, an office which be-
longs to a different branch Of the gov
eminent from that of the Speakershlp,
and the constitution says the three CO.
ordinate branches of the government
must be kept entirely distinct and sep
arate. the one from the others, so
that one shall not unduly influence an
other. The constitution says that No
person holding a lucrative office under
khis State shall be eligible to
a seat in the Legislature, and yet Mr..
Eanen held his seat in the Legislature
while a member of the Board of Re-
gents of the colored institute and by
reason of his being a member of the
House of Delegates and Speaker OF that
body, he was enabled as president Of
the Board of Regents Of the colored
institute to secure a larger appropria-
ton for that institution than it deserv-
ed. Here was a plain violation Of the
constitution, but it was permitted.
take another instance" continued
The Senator, women are holding office
In this State in violation of the con-
stitution. The appointment of Mrs.
Mary Jackson Ruffner, Mrs. Stephen
b. Elkins, Mrs. F. Hermans and Miss
Kinnie Smith to the Board of the West
Virginia Asylum for Incurables, and
the appointment of Mrs. n R. Morrow,
Mrs Robert Gardner and Dr.. Harriet
B. Jones to the Board of Directors OF
the West Virginia Industrial Home for
Girls are plain violations of both the
letter and spirit of the constitution.
The constitution provides In section 4,
Of article 4, that mo person., except cit
liens entitled to vote shall be elected
or appointed to any State, county or
municipal Office, and the first section
of the same article limits the right Of
suffrage to male citizens. The viola
ton OF the constitution in this instance
was done by an act of the Legislature,
which provided for the appointment of
women, and the act was sanctioned by
the Governor who appointed them.
Nov" said the Senator eff the consti-
tuition can be set aside in these instances,
why not allow members of the Senate
to fight for this country and keep seats
in the Senate? Anyhow I am not in favor
of too strict construction of the consti-
tuition. Nearly every bill introduced in
the legislature for the good of the peo-
pie and the welfare of the State, runs
against the constitution before it gets
through. The constitution is invoked on
all occasions to prevent legislation de-
signed for the welfare of the people"
But" suggested the representative of
the Register " would it be proper and
right for officers in the United States
army to sit as members Of law making
body in this State, where questions might
arise IN winch the members Ol the dl NY
would be personally interested? For ex-
ample, suppose a bill were to be intro
duced allowing extra compensation to the
West Virginia soldiers in the present war,
above the small pittance of thirteen dol
airs per month allowed by the U. S. gov
eminent or bill allowing a pension 10
West Virginia soldiers who had not been
properly cared for by the federal govern
ment, or any other proposition Of a like
nature, would Senators who had served
In the army and entitled to share in any
possible gifts from the State, be compe-
tent to hold their seats in the Senate
where such a proposition might be
made?"
1--WE must assume" said the Senator,
"that members of the Senate are honest
and honorable and would do the right
thing in all such cases as you suggest.
For one, I am willing to take the risk"