Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-24
Appointments to Commissions Con-
sidered by a House Committee.
GEN. WHEELER'S VIEW OF TIE Case
Why He Did Not Send in His
Resignation.
THIS MORNINGS HEARING

Representatives as to what members were
holding outside extraordinarily intended
to determine the status of Major General
Wheeler and other members in the army
was begun today by the committee on judi
ciary. The inquiry was public. and besides
the members of the committee there We're
present General Wheeler, Representative
Hit of Illinois, the member of the Hawaii
an commission, Representative Moody of
Massachusetts, a member of the postal
commission, and Representative Often of
Wisconsin, a member of the industrial COM
mission.
Representative Gardner of New Jersey, a
member of the industrial commission, sub
mitted a brief as the right of members
on that commission to hold their places.
Representative Bailey of Texas, who inau-
| gurated the inquiry, was not present. The
main interest attached to the statement Of
General Wheeler, which was formally pre-
pared, and was in part as follows:
Gen. WheeIer's Statement
Il concur with II committee that the
question before them is OF of very grave
Importance. If the extreme view is taken
that the clause in the Constitution is man.
datory, and that it APPLIES to all members
of Congress who accept offices of tenn
porary !aracter, which may be terminated
at any moment, then The government will
frequently find itself embarrassed in select
ing men for certain duties. For instance it
would have been unfortunate if the Presi-
dent had been inh- ted from appointing
Senators Davis, FIR. and Gray on the
peace commission. 1t would have been
detrimental for him to have been inhibited
from appointing Senators Morgan, Cullom
and Representative Hit on the Hawaiian
commission, and it would have been equally
unfortunate had /. been inhibited from APP
pointing Mr. Dingley and Senators Fair
Il
mission. 1t would also have been unfortu-
nate had he been inhibited from appointing
such distinguished and able man a Sen
ator Morgan he arbitration court in
Paris. II has frequently been the case and
VIII often be hereafter that members OF the
House and Senate possess knowledge with
regard to important matters which emf
nentIy mt them Tor holding offices or per-
forming duties of vital importance. So
thoroughly have Congress and the execu-
tive been impressed with this that, during
the 10 years of the xistence of our Cow
ernment, many hundred members of the
Senate and of the House have been ap-
pointed to offices.
Why He Did Not Resign,
The committee will readily understand
my embarI assm~nt in 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. 1t would
be very unjust to them for me 20 have as
sumed to decide this question by attempt
ing 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, 1 have re-
ceived continued and urgent appeals from
my constituents not to resign, and these
have come from mer who have successfully
supported NJ in ten primary elections and
in ten elections as a member of this body.
In Difference to the views of lis
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 on
May have refrained from voting. 1t is
true that IT first | entered the hall few
times to see -ome of my fellow members
but since learning that this was distasteful
to one or two of my old friends 1 have e.
Trained from even availing myself of This
privilege. l have not drawn any congress
sional pay, mileage or clerk hire since May
4. outstanding that l have been COM
PEELED TO employ clerks at my own expense
to perform routine duties"
Gen. Wheeler then gives the names of
the many members of Congress serving on
commissions. on the boards of various gov
ernment institutions. After an exhaustive
review of the law and past cases in Con-
greSs Gen. Wheeler concludes: II know
that the members of the committee and
the members of the House, whom l am
proud to call my friends. will decide this
case as tney DefeNe TO in accordance
with the spirit of the Constitution. To
those who contend that | should have re-
signed my seat I will say that | was urged
not TO do so by persons whose requests and
recommendations | could not disregard, and
it has also been urged that for me to have
done so would have been quasi an express
sion of my judgment on the matter, and
thus in measure have prejudiced the case
of some thirty other members of the House
who are in the same position as myself
Mr.. Hits Statement
Mr. Hit said ne had nothing to volunteer
as to the right to serve on the Hawaiian
commission, beyond what was clearly
known. The original resolution annexing
Hawaii called for commissioners to frame
the legislation necessary to complete the
work of annexation. He had been desig-
mated by the President as one of the COM
mission; there was no pay attached; the
only duty was to aid Congress in perfect
ing legislation.
In response to a question, Mr.. Hit said
he regarded 1T as strictly legislative work
performed at the request of the President,
and 1t was In response to an express man.
date of Congress in the original resolution
annexing Hawaii Mr.. Hit stated in re-
sponse to inquiries that the Senate had
not yet confirmed the Presidents nomina-
tions of himself and other members of the
Hawaiian commission.
To INQUIRIES from democratic members
Mr.. Hit recalled his appointment by
tary commission
Mr.. Terry made the point that as Prest-
dent Dole and Judge Frear of Hawaii
were on the commission, 1t showed that the
work was not a Lart Of the legislative work
of Congress.
Mr.. HIT stated that Messrs. Dole and
Frear were Americans after the Hawaiian
flag was lowered on July H. and they
served as Americans. not Hawaiians
| Mr.. often Heard.
Mr.. Often was heard on the right of men,
bers of the House to serve on the Industrial
commission. He pointed out that the SER
vice was under special provision of law
creating the commission, and that the SEN
ators and Representatives on the commis-
sion received no salary for commission
work, beyond certain expenses He main
tanned II was not an Office In the sense of
| the Constitution. but was q duty Of gather
ing Information for Congress.
Mr.. Moody took similar grounds es to
the congressional members of the postal
| commission. holding that II was a duty
performed for Congress Just as an ordinary
committee performed the work OF Congress,