The age-herald., 1899-01-25
GEN. WHEELER
 GIVES HIS SIDE Protests Against Being Robbed Oi His
 Seat. STATES MANY INSTANCES Where Members of Congress Have Baen Appointed on Commissions. HE HAS NOT VISITED THE HOUSE Since He First Became Aware That His Presence Was Distasteful to Those He Once Called Friends.
 Bailey Absent.
STATES MANY INSTANCES
HE HAS NOT VISITED THE HOUSE

Washington, January 24.-The inquiry or dered by the house of representatives as to what members were holding outside offices originally intended to determine the status of Major-General Wheeler and other mem- bers in the army-was begun today by the committee on judiciary.
 The inquiry was public, and besides the members of the committee there were pres ent 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 Illin ois, the member of the Hawaiian commissions; Representa- tive Moody, of Massa achusetts, a member of the postal commission, and Representative Otjen, of Wisconsin, a member of the inouS- trial commission. Representative Gardner, of New Jersey, member of the industrial commission, submitted a brief as to the right of members on the commission to hold their places.
 Joe Bailey Absent
 Representative Bailey, of Texas who in augurated the inquiry, was not present. The main interest attached to the statements of General Wheeler, which was formally pre- pared.
 General Wheelers statement was in part as follows:
 "I concur with the committee that the question before them is one of very grave importance. If the extreme view is taken lI.at the clause in the constitution is man. datory and that it applies to all members of congress who accept offices Of tenn porary cnaracter, which may be terminated at any moment, then the government will frequently find itself embarrassed in se- lectlng men for certain duties. For instance, it would have been unfortunate if the presi- detn had been inhibited from appointing Senators Davis, Frye and Gray on the peace commission. It would have been detri- mental for him to have been inhibited from appointing Senators Morgan and Cullom and Representative Hit on the Hawaiian commission, and 1t would have been equally unfortunate had he been inhibited from appointing MT. Dingley and Senators Fair banks and Faulkner on the Canadian com mission. It would also have been unfor- tunate had he been inhibited from appoint ing such an able and distinguished man as Senator Morgan on the arbitration court in Paris.
 Hundreds Have Been Named
 "It has frequently been the case and will often be hereafter that members of the house and senate possess knowledge with regard to important matters which emil nently fits them for holding offices or per- forming duties of vital importance. So thoroughly have congress and the executive been impressed with this that during the 11O years existence of our government many hundred members of the senate and house have been appointed to offices.
 'The committee will readily understand my embarrassment in a matter of this character. There are three other members of this house who have accepted military commissions and some twenty-eight others who have accepted civil positions. It would be very unjust to them for me to have as- stunned to decide this question by attempting to resign, as it has been urged that such action on my part would be used as an argument against their right to retain their seats In congress Again I have received continued and urgent appeals from my con- stituents not to resign, and these have come from men who have successive-y supported me in ten primary elections and in ten elections as a member of this body.
 ''In deference to the views of the dis tinguished members of congress who are insisting 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 appointment, May 4 I have refrained from voting.
 Relieved From Visiting House
 "It is true, that at frs, I entered the hall 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 refrained from even availing myself of this privilege. l have not drawn any congress- onal pay mileage or clerk hire since May 4, notwithstanding that l have been compelled to employ clerks at my own expense to perform routine duties"
 General Wheeler then gives the names of the many members of congrss serving on commissions on boards of various govern ment institutions. After an exhaustive re- view of the law and past cases in congress General Wheeler concludes:
 1T know that the members of the com- mittee and the members of the house, whom I am proud to call my friends. will decide this case as they believe to be in accordance with the spirit of the constitu- ton. To those who contend that I should have resigned my seat I will say that I was urged not to do so by persons whose requests and recommendations I could not disregard and 1t has also been urged that for me to have done so would have been quasi, an expression of my judgment on the matter and thus in a measure have preju- diced the case of some thirty other mem- bers of the house who are in the same posi- tion as myself"
 Representative Robbins, of Pennsylvania who was a major of volunteers, presented a statement on the lines of General Wheel CTS statement, maintaining that he had not forfeited his seat by accepting a commits sion.