Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-14
TELLS WHY HE IS FIGHTING GEN.
ERAL WHEELER.
HIS CONSTITUTIONAL DUTY
WILL ALSO TRY TO GUST THREE
OTHER REPRESENTATIVE
Mr.. Bailey Says That All Forfeited
Their Seats ia Congress When
They Accepted Commissions
in the Army and Cites.
Precedents.

WASHINGTON, Dec. 13.-Representative
Bailey. of Texas. has decided to raise the
question of the right OF Major Genera
Wheeler 10 participate in the proceeding:
of the house should he attempt to exercise
the privileges of Il member. He will also
raise the question as against each of three
other members of the house who entered
| the service of the United States during
the war with Spain: Messrs. Robbins
,Rep), of Pennsylvania; Colson Rep), OF
| Kentucky, and Campbell (Dem), of Ill.
nois.
None of these members of the house who
entered the military service has participate
Ell IN the proceedings of the present ses-
sion, 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 con-
SresS are members of the Democratic eau
Gus, Mr. Bailey says this raises the pre-
sumption that General Wheeler contemp-
lates resuming his seat in the house.
Concerning the question at issue. Mr.
Bailey made the following statement to-
day:
Il have heretofore refused to say any
thing on the subject for publication: but
have seen so many and such different
statements attributed to me that | have
be found that L am simply insisting upon
an obedience to one of the plainest pro-
visions of the constitution. Section G. OF
article /. declares that no person holding
any office under the United States shall be
member of either house during his con-
tinuance in office
Undoubtedly General Wheeler is per-
son and very distinguished one: undoubt.
edly the major generalship which he holds
Is an office under the United States and
a very high one: it is therefore. perfectly
plain that. when he accepted his appoint
ment In the army, he vacated his seat in
the house of representatives. The consti-
tutionai provision is rot only as plain as
the English language can make it, bu,
this very question has been expressly decid.
ed twice and unanimously decided the same
way on both occasions
1T arose first in 1893, when Mr.. Vanues
after Qualifying as Il 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 practically no duties; but, not
withstanding that, 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, the
Hon John Randolph, then the leader of the
that, although it was agreed by everybody
that Mr.. Vannes had forfeited his seat. he
desired that the disposition of the house
TO exclude by unanimous vote even tbs
shadow OF executive influence should be re.
corded on their Journal. for which purpose
| ne demanded the yeas and nays
III he roll was called and the record shows
that the house voted unanimously in favor
OF the very position which 1 am now as.
Serting.
The same question arose the second time
during the Mexican war, wnen Mr.. Yell
OF Arkansas, accepted an appointment az
a colonel Of volunteers The governor al
| that state held that, in accepting mis- mill.
tary appointment he had forfeited his seat
the vacancy.
Mr.. Newton was elected at this special
election ana when he appeared at the house
he was sworn in. And thus a second time
the house solemnly and unanimously de.
cded that no man can be member OF
the house of representatives. while holding
States. The question arose again during
the civil war and even in that time of ut.
ter and reckless disregard of constitution.
al limitations the early sessions were adj.
hered TO and enforced.
In the discussion Of General Wheeler's
case, | have heard quite number of mer
say that the question ought not to bt
raised, but l have never heard singl.
| man contend that General Wheeler did MOI
yacate his seat in the house of representa-.
tives by becoming a major general in The
IN, United States army. Whether We think
raised will depend very largely upon thu
way, in which we regard the constitution.
Men who believe in living faithfully up I,
all OF its provisions will abhor the ides
of permitting one of its plainest and wises
safeguards 10 be openly violated out OF
| personal consideration for any man. how
ever patriotic he may be. As for my part
! should regret to feel compelled to raise
the question against any colleague and
| would especially regret to be compelled tt
raise 1t against General Wheeler: but how.
ever much | MAJ regret the necessity Of
doing So will raise it whenever any mar
attempts to assert his right as a member
of the house after having accepted an of
flee under the United States
Il am one of those who believe that It is
| the highest duty of every man to obey
| the law and to respect the constitution;
and | have little patience with the weak
suggestion that n member of congress shat
| shirk from his sworn duty because a pub
| lie sentiment would allow brave man
and distinguished man. to hold two high
offices, even though il be against the con-
| Stitution of our country