The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-25
GEN. WHEELER'S REASONS
FOR NOT RESIGNING EITHER FROM
CONGRESS OR THE ARMY.
Statement Before the House Commit
tee on JudiciRry-8Iany Members
Filling Two Positions.

WASHINGTON, Jan. 24-The inquiry
ordered by the House of Representatives as
to what members were holding outside
ofices-originall intended to determine the
status of Major General Wheeler and other
members in the army-was begun to-day by
the committee on judiciary. The inquiry was
public and besides the members of the COM
mittee there were present General Wheeler,
who made full formal presentation of his
views, holding that he was entitled to sit
as a member of the House while serving as
a volunteer. Representative HIT of Illinois,
the member of the Hawaiian committee;
Representative Moody, of Massachusetts, a
member Of the postal committee, and Rep
resentative Often of Wisconsin, a member
of the industrial committee. Representative
Gardner, of New Jersey, member of the
industrial committee, submitted a brief as
to the right of members on that committee
to hold their places. Representative Bailey,
of Texas, who inaugurated the inquiry was
not present General Wheelers statement
was in part as follows:
Il concur with the committee that the
question before them is one Of very grave
Importance. If the extreme view is taken
that the clause in the Constitution is manda-
tory and that it applies to all members of
Congress who accept offices of temporary
character which may be terminated at any
moment, tnen the government Will frequent
~ find itself embarrassed in selecting men
for certain duties. For instance, il would
have been unfortunate if the President had
been inhibited from appointing Senators
Davis, Frye and Gray on the peace commits
sion. 1t would have been detrimental for
him to have been inhibited from appointing
Senators Morgan Cullom and Representa-
tive Hit on the Hawaiian commission, and
it would have been equally unfortunate had
he been inhibited from appointing Mr.. Ding
ley and Senators Fairbanks and Faulkner
on the Canadian commission 1t would also
have been unfortunate had he been inhibited
from appointing such a distinguished and
able man as Senator Morgan on the arbitra-
ton court in Paris. 1t has frequently been
the case and will often be hereafter that
members of the House and Senate possess
knoWledge with regard TO important mat
tiers which eminently fits them for holding
Offices or performing duties of vital impor-
lance. So thoroughly have Congress and the
executive been impressed with thiA that,
during the 110 years Of the existence Of our
government many hundred members Of the
Senate and of the House have been an
pointed to Offices.
THE committee will readily understand
my embarrassment in matter of this char
3cter There are three ether members OF this
house who have accepted military commits
SIons, and some twenty-ciSht others who
have accepted civil positions. II would he
very unjust to them for me to have assumed
to decide this question by attempting to re-.
sign, as it has been urged that such action
on my Part would he used rs an argument
against their right to retain their seats in
Congress. Again. have received con t.nu@d
not to resign, and these have come from
men who have successfully supported me i'm
ten primary elections and in ten elections
as q member of this BODY.
I'm Difference to the views OF the distin-
guishod members Of Congress who are in
sisting upon my seat being vacated, l have
stUdiously refrained from taking an active
part in the proceedings of Congress. and,
since the day of my appointments on May T.
/ have refrained from voting 1t is true
that. at first. | entered the hall a few times
to see some of my fellow-members, but
since learning that this was distasteful TO
one or two Of my old friends. | have ~
Trained from even awaiting myself of this
privilege. | have not drawn any congress
sional pay, mileage or clerk hire. since May
4, Notwithstanding ! have been compelled
to employ clerks at my own expense to per-
form routine duties
General Wheeler then gives the names of
tho many members OF Congress serving on
commissions, on the boards of various gov
eminent institutions. After an exhaustive
review of the law and past cases in Con-
greSs. General Wheeler concludes: II know
that the members Of the committee and the
members of the House, whom / am proud to
call my friends will decide this case as they
believe to be in accordance with the spirit
of the Constitution. To those who contend
that | should have resigned my seat / will
say that | was urged not to do so by per-
sons whose requests and recommendations
! could not disregard, and it has also been
urged that for me to have done so would
ment on the matter and thus, in a measure,
have prejudiced the case of some thirty
other members of the House who are in the
same position as myself"
Mr.. Hit said he had nothing to volunteer
as to the right to serve on the Hawaiian
commission beyond what was clearly
known. Mr. Hit regarded it as strictly
legislative work performed at the request
press mandate of Congress in the original
resolution anneXing Hawaii.