The Atlanta constitution., 1898-12-12
GENERAL WHEELER
WILL | I0I RESIGN
Supreme Court To Decide
Whether He Can Hold
Two Positions.
WOULD BE REAPPOINTED
This Would Place Him Lower in List
Of Generals and This Is Why He
Does Not esign-Attorney
General Agrees with
Wheeler.
WOULD BE REAPPOINTED
By Jos: OIL.

By JOS: Oil.
Washington, December 9.-(Special)-At
the request of the secretary of war, Gen
eral Joe Wheeler has decided not to press
his resignation of his commission in the
army, at least not until there is a decision
| by the supreme court on the question of
eligibility of an officer in the volunteer
army to hold the office of congressman, or
| any other similar office in civil life. There
has been a number of decisions by lower
courts upon this question, but it has not
been passed on by the supreme court.
General Wheeler's object in retaining
both positions has, of course, nothing to
do with the drawing Of two salaries. In
fact, while serving in this dual capacity. he
will draw but one salary. and he has made
that very clear
The president and secretary of war are
| anxious TO have the services of General
Wheeler after the adjournment Of con-
gross. He will be given a military com.
mand in one of the colonies. The president
has assured him that if he IS compelled
to resign because of tits clash Of civil and
military duties he Will be reappointed at
the expiration of the present session; ana
the only practical effect of such action
would be to take the general from his
| place, seventh on the list of major general,
| and put MIN down at the bottom of the list,
! or about fifteenth. The result would be
| that he would not be given as important
| command as he will while seventh on the
| list.
The Generals Ideas.
"The points which nave been raised
| against an officer holding the commission
| as congressman were never intended we
| believe to appIv to Officers Of the voIun-
| tccr army" said General Wheeler. in speak
! ing to me about the talk Of his resignation
| TO-DAY. "The constitutional provision was
| intended TO aDply to officers in tine regular
| establishment There was nothing like a
| volunteer army AT that time. The volunteer
! officer ana men-is on a different plane
| Tho yell casa which has been quoted as
| haariner ,,no,, NV own has no real aDDlica-
| tion for tho circumstances were entirely
| different T think there is no doubt that
it would he improper for an officer of tho
| regular army to hold at the same time the
commission OF CONGRESSMAN. but do not
see the same improprietv in the officer Of
the Volunteer army The volunteer is
man who voIuntecrs to defend his country
Tal-n the extreme casa: SupDose that
1Vaehinrtnn were beings attacked hv an
enemy and there was a halI for volunteers
to defend the CITY. Doubtless every mem
her Of congress would volunteer his ser
vices and become. for the time. a part Of
the army Would that lose to them all
their Dositi0ns as members Of congress?
If 50 IT wouId neceseitate the election Of
an entirely now congress-. It seems clear
that the volunteer officer is on a different
fnotfng tl,an the rorn1ar. officer 50 far as
tho constitutional nro,,isidne are concerned.
ana T hoIiova thrra il no. legal objection To
n,, ratainina NV army commission. and
M good reason why I should not.'
The attorney general today rendered an
oniuion sustaining General Whecler's CON
+antio1
]
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% 49, l,,.,,,.a ,,,,,,,,itt,,! ~, h,rlyi,o ana
or.l,,o,- 5,,.s not beliaya +bat tho effort
| - rro,,ent an extra session of congress is
going TO succeed. Mr.. Fowler is one of the
! foremost members Of THAT committee and
is regarded as one of the best posted men
on the currency question in either branch
of congress.
because the president did not urge the
enaction of reform legislation at the ear
| liest possible moment arid because he did
not go at greater length. INTO the dntrIca-
CieS of the question, some OF ms critics
are inclined to hold that his message tndi-
| Gates Il lukcWarmnesS on the subject. | GO
not so regard It at all, SAID MI Fowler
'"The president does not expect action on
the currency at this session, and for that
reason he has not gone into details on the
subject, but he mas laid down very clearly
the three great principles from 4 republican
standpoint of the maintenance of the
standard, the retirement of greenback5, and
of an adequate and responsive domestic
paper currency.
THE president is earnest in his support
of the cause Of currency reform" he con-
tinued. Il believe that when the time
comes we will call an extra session Of the
new congress so that the necessary bills
may become laws at the earliest possible
moment. / know that there is strong pres
sure being brought to bear against an extra
session, but ! believe that after full con
sideration Of IL subject the republican
leaders will see the wisdom of redeeming
tba nledces that they have given the poo-
ME and upon which they have carried the
last two elections"
co1a of Tr+a7,,ol 2evanua S+an1ns
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consultation WIN IIt "ilIC'ti9 "I LH' post
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