The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-19
speeIaL plrpateh to tho 1nLelIlreneor.

Special Dispatch to the InIelllEeneer.
WASHINGTON, D. G., Dec. ls.-sea-
ator EllSins being asked Il he had exam
lned the question Of the eligibility OF
Senators Getzendanner and Pearson to
seats in the state senate at It's approach
ing session, replied ne had done 60 and
reached conclusion, satisfactory to
himself at least, ThA senator waa then
asked 4f ne had any objection to stating
his views. He said: None, for the rea-
son that heretofore no had some doubts
on the subject" The senator then read
sections 12 and 10, article OF the const-
tuition. which are as follows:
ARTICLE 6, section 12-No person shall
be a senator or delegate Who has not for
one year preceding his election been a
resident within the district or county for
which he Is elected, and IL a senator or
delegate remove from the district or
county for which he was elected his
seat shall be thereby vacated,
Section l3.-No person holding a lu-
cratiYe office under thi8 state, the
United States, or any foreign govern
ment, no member Of Congress. no person
who 10 a salaried ofilcer OF any railroad
company, on who Is sheriff or conStah Die,
or clerk OF any court Of record shall pc
eligible to seat in the Legislature"
The senator said that under section l2
we are not left in doubt as TO VIVA may
Vacate the office of senator or delegate.
This Is set forth clearly In the language
''Hf n senator or delegute remove from
the district or county for which he was
elected his seat sllell be thereby va
Gated" This language expresses the an
tentiou Of the trainers OF the constitu ton
that the Offices Of senator and delegate
shall be vacated By removal from the
district or county for which they were
elected.
Having declared what would yacate
the ONCE by implication, we are author.
lied to hold that no other causes VIII
vacate the same: therefore conclude
the holding Of q captains commission IN
the volunteer service does not Nacate
Eiie 6fglce Of senator and delegate.
"Sectlon 10 declares what persons shall
not be eligible to seat in the legisla-
ture, The language Is MS follows: No
person holding a lucrative ONCE under
this state, ETC., shall be eligible to seat
In the LEGISLATURE II Senators GetHet-
dnnner and Pearson resign their conn
missions in the army and take their
seats In the senate, not at the time hold
Ing a lucrative ONCE under the state or
the United States. t11ey are not Ineligible
to the seats to which they were electeds
Some OF the decisions are to the effect
that holding commission in the volun-
teer service is not a lucrative ottice. The
language OF the Constitution OF the
United States section s, article /, Is stsl
stronger than that of our state Gonshtu-
tion. II reads:
"'And no person holding any office un-
der the United States shall be member
OF either house during his continuance IN
office Yet It IS a fact that Senator
Baker. Of Oregon, during our civil war
held the ONCE Of senator Of the United
States while he was a general In the
army. and Generals Schenck, GARFIELD
and Biair served as rtRfnbers Of Con-
gress while they were generals IN the
army. The case Of General Wheeler q
more diractly In point. He Is now hold.
ing q commission as major general Of
volunteers and serving 40 o member o.
Congress. Under the ruling that allows
General Wheeler to hold hls seat In the
housa, II has been suggested and urged
by good lawyers that GetZendan1er and
Pearson need not resign. There are pre-!
cadents under a Democratic senate ana
house where state and other officers
have served In the leglSlatuHe while
holding their offices. among them Colo
mel Ben oxley and John B. Finley.
II am willing TO make this statement,
which think Is sustained by thu best
lawyers In the country, because do not
want It to be believed in the state that
Senators Pearson anu GetZendanuer are
holding seats in the senate which they
have vacated or to which they are now
ineligible. All good citizens OF the state
should uphold the law and the legisla-
ture should reflect the will Of the people
as expressed in the last election. The
Republican party in We6t Virginia can-
not afford to violate the law or make use
OF any advantage that would come to
them by reason OF violation OF the law.
'Wh9t do you think, senator, Will be
the outcome OF the dispute as to the ma.
tority in the legislature on joint ballot?"
II think the Republicans have q ma
jority on joint ballot, and don't share
In the belief that there IS TO be any IN
Justice or turning out OF members by the
Democrats to change this majority. 1t
Is one thing to talk about open violation
OF law by legislators 10 gain an adVan-
tage, but when the time comes good men
OF both parties in the legislature VIII do
their duty under the law, aud our state
will escape any scandal"