The age-herald., 1898-12-14
BATLEY'S FIGHT
 ON GEN. WHEELER Hill Question tho Alabamian'S Right
 to Vote. HE STATES HIS POSITION Says the Constitution Makes Provision
 for Similar Cases. CITES MANY FORMER INSTANCES Where Members of Congress Were Dis possessed of Their Seats on Ac- count of Holding Commis-
 sions in the Army.
CITES MANY FORMER INSTANc Es

count of Holding Commis- sions in the Army.
 Washington, December 13.-Representa- tive Bailey, of Texas, has decided to raise the question of the right to Major-General Wheeler to participate in the proceedings of the house should he attempt to exercise the privileges of a member. He will also raise the question as against either Of the three other members of the house who entered the service of tine United States during the war with Spain, Messrs. Rob bins, republican, of Pennsylvania; Colson, republican, of Kentucky, and Campbell. democrat, of Illinois. None of these mem bers who entered the military service has participated in the proceedings since the session convened either to introduce bills or to vote upon roll call, but last Saturday
 night General Wheeler attended the demo- cratic caucus. As none but democratic
 members of congress arc members of the democratic caucus, MT. Bailey says this raises the presumption that Geenral Wheel CT contemplates resuming his seat in the house.
 Concerning the question at issue, MT.
 
 q have heretofore refused to say anything
 on the subejct for publication, but 1 have seen so many and such different state- ments attributed to me that have decided
 to state my position, and it will be seen
 that I am simply insisting upon an obe- dience to one of the plainest provisions of the constitution.
 Section 1 article declares that no person
 holding any office under the United States shall be a member of either house during his continuance in office /"
 Constitutional Provision
 Undoubtedly General Wheeler is a per- son, and a very distinguished one; un- doubtedly the major-generalship which he holds Is an office under the United States, and very high one; it is therefore per- fectly plain that when he accepted his ap- pointment in the army he vacated his seat in the house of representatives. The con- stitutional provision is not only as plain as the English language can make it, but this very question has been expressly decided twice, unanimously decided the same way on both occasions.
 Tt arose first in 1903, when Mr. vanness, who, after qualifying as a member of the house, accepted an appointment as a major in the militia of the district of Columbia. fllS military office carried salary and involved practically no duties; but notwith- standing 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 dem- ocratic party in the house, declared that all though it was agreed by everybo that MT. Vanness had forfeited his seat, yet he desired that the disposition of the house to exclude by unanimous vote even the shadow of executive influence should be recorded on their journal, for which he de- manded the yeas and nays. The roll was called and the record shows that the house unanimously voted in favor of the very po- sition which am now asserting.
 Yell of Arkansas
 1.-The same question arose the second time during the Mexican war when Mir
 Yell of Arkansas accepted an appointment
 as colonel of volunteers The governor
 of that state held that in accepting his mil- itary appointment he had forfeited his seat in congress and ordered an election to fill the vacancy. MT. Newton was elected at this special election and when he appeared at the house and asked to be sworn in an objection was made. The objection, how ever, was not based upon the ground that Colonel Yell could hold a seat in congress while acting as a military officer of the United States, but it was decided that the house was not in possession of any facts to show that Yell had either resigned or become ineligible and it was moved to re- fer the whole question to the committee on privileges and elections. During the debate a report from the adjutant generals office was read, showing that MT. Yell at that time held a commission as the colonel of a volunteer regiment The congressional Globe recites that upon this being made to appear, all objection made to Newton taking the oath a member was with drawn and thus a second time the house solemnly and unanimously decided that no man could be a member of the house of representatives while holding a comms- sion in the army of the United States. In the Civil War
 aThe question arose again during the civil war and in that time of utter reckless disregard of constitutional limitations the
 early decisions were adhered to and en- forced.
 .sIn the discussion of General Wheeler's case I have heard quite number of men say that the question ought not to be raised; but I have never heard a single man contend that General Wheeler did not va cate his seat in the house of representa- lives by becoming a major-general in the United States army. Whether we think the question ought or not to be raised will de- pend very largely upon the way in which we regard the constitution Men who be- l lieve in living faithfully up to all of it's pro- visions will abhor the idea of permitting its | plainest and wisest safeguards to be openly | violated out of personal consideration for l any man, however patriotic he may be- As for my part I should regret to feel com 1 pelled to raise the question against any
 colleague, and I would especially regret to l be compelled to raise it against General | Wheeler, but however much l may regret | the necessity of doing so. I will raise it | whenever any man attempts-to assert his l right as a member of the house after hav- | ing accepted an office under the United | States. am one of those who believe that | it is the highest duty of every man to obey l the law and to respect the constitution; and
 I have little patience with the weak sua- l gestion that a member of congress shall | shrink from his sworn duty because a pub