Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1898-12-15

ton was ceTtlneu 10 the DdllOJ com mis-
sioners of Jefferson. Berkeley and Nor
gan counties in accordance with the law,
and at the late general election | was
duly elected 10 the State Senate. The
Democrats have aclear majority Of seven
in the House, the Republicans a major
ity of six in the Senate. They now pro-
pose TO re-Steal the membership from
The 18th district and 50 get majority
of one on Joint ballot IN fragrant viola
ton of the Constitution.
1t is stated that, if necessary, they will
commit this political crime by fraud and
violence.
As evidence that we have the law and
the right on our side subjoin few
opinions bearing on the case.
In the contest case of John P. Van
Ness in 1902 the Committee on Elections
reported favorably on the following res
olutons and his seat was declared va
cant: Resolved. That the Committee
on Elections be and they are hereby
instructed TO inquire whether John +.
Van Ness, one of the members OF this
House from the State Of New York, re-
turned by said State to serve as one Of
its members in the 18th Congress of the
United States, has not since his election
as "A member Of this House and since he
occupied seat as q member accepted
of and exercised the Office Of major of
militia under the authority of the Uni
ted States within the Territory of Col
umba and thereby forfeited his right to
"A seat as member of this House. y
II IL. LII 'l. T,alI ODD
member cOntended that the provision Of
the Constitution only applied to civil
office: but the House decided the con-
trary.
During the second session Of the 2Sth
Congress, Congressman Yell, of Arkan-
sas. was elected Colonel of a volunteer
regiment and went to Mexico with his
command. He did not resign his seat
IN Congress but the Governor of Arkan-
sas construed his acceptance of a COM
mission in the army as vaCating his place
in the House, and ordered IA special cleo
ton in Col. Yell's district. a member
elected was allowed to hold his seat by
Congress.
Senator Sewell. Of New Jersey, during
the second session Of the 55th Congress,
was offered a commission as MaiorGen-
eral He referred the matter TO Attorney
General Briggs, who decided adversely,
and on MAY 10Th Senator Sewell sent the
following letter of declination: Mr..
President, | beg to decline the commits
sion Of Maior-General Of volunteers with
which you were kind enough to distin-
guiSh me, and which was unanimously
confirmed by the Senate.
| take this step with great reluctance
and only do So because advised that the
holding of the commission, while OcCu-
pving a seat i'm the Senate Of the United
States, is incompatible with the pro-
visions Of the Constitution.
| desire TO express my deepest graft
tude for the honor and distinction CON
ferred by this appointment, and regret
exceedingly that cannot enter the field
TO serve the country while holding seat
in the Senate. which | would not be
justified in giving up under the present
circumstances. In this view my Repub
ncan colleagues have expressed their
sentiments in a letter addressed to me
suggesting that my duty is to remain in
my present representative position.
With the highest consideration, | am
very truly yours, w. J. SEwELL.
Gen. Joe Wheeler. Immediately after
accepting his commission as Major
General, voluntarily declined to vote in
Congress or draw salary as Congress
man. On June 2Sth Acknowledgement
Fitz, of Alabama, rendered decision
declaring his seat in Congress vacant
and special election was called to fill
the vacancy. taking place upon the same
day as the regular congressional election.
Gen. Wheeler was elected to both offices.
and resigned as Major General before
taking his seat in Congress.
Ex-President Benjamin Harrison held
the Office Of Reporter Of Supreme Court
decisions in the Stale of Indiana in 1890.
He appointed one, Col. Kerr, as his dep
uty to report the decisions .of the Su-
preme Court The Court decided in
Kerr vs.. Jones, 10 Ind. 35l, that the office
of Colonel OF Volunteers and the Office of
Reporter of decisions of the Supreme
Court were both lucrative Offices,
within the meaning of the Constitution,
and that the acceptance of the coIonelcy
vacated the Office Of Reporter. and that
Benjamin Harrison being no longer Re-
porter could not appoint deputy.
In Michigan the Constitution provides
that no person holding Office under the
State shall execute the Office of Govern
or In Acknowledgement vs.. Common
Council Of Detroit. 20 n V. Rep $50,
held that the mayor of city, by accept
ing the Office Of Governor, vacated the
Office Of mayor
In Texas, under a Constitution pre-
ciSely similar to that of West Virginia,
the supreme Court held that retired
Army officer occupies a lucrative office
and is therefore Ineligible to a State Of
fee. State VS. De Gross, 80 Texas, 3S7.
In Seary vs.. Crow, ID, Cal, lis, under
a similar provision TO that of the West
Virginia Constitution, Court held that
one holding Federal office cannot even
receive votes, so as to give him a right
to take the State Office upon or after re-
signing the Federal office.
Judge John Brannon, one of the most
learned iuriSts of West Virginia. in a
public interview shows conclusively that
the Constitution means that one in the
service of the United States is disquali-
fed from either holding or being elected
TO a seat in the Legislature, and when
he ceases to hold his seat it becomes va
cant and new election is imperative
Acknowledgement Montague, of Nir-
ginia, decided this year that all State
officers who had accepted commissions
in the United States Volunteer Army
had vacated their offices. The Attorney
General Of Ohio decided this year that
a State Senator would vacate his seat by
accepting a captaincy in the United
States Volunteer ARMY. An exactly |
parallel case TO the one al issue
To ny constituents in particular, and |
the Democracy of West Virginia in gen.
eral. pledge my intention TO have the |
seat 10 which | stand elected. or expose |
the Republicans to the contumely of all |
right thinking men as traversers of the |
and violators of law.
Resting my case before the tribunal |