New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-08
ARMY SERVICE AND CONGRESS
SEATS OF FOUR REPRESENTATIVES,
WILL PROBABLY BE DECLARED
VACANT
PRECEDENT IN THE EARLIER WARS
LIKELY TO BE FOLLOwED-REPORT
OF A DECISION UNTRUE.

OF DECISION UNTRUE.
far TELEGRAPH TO THE TRIBrSEl
Washington Jan. IA statement was pup
shed here this afternoon to the effect that the
House Committee on the Judiciary had unani-
mously decided that the Representatives who
accepted commissions in the volunteer Army
and had been mustered into the military service
had thereby vacated their seats in Congress.
The statement was incorrect the Judiciary
Committee not yet having held a meeting to
consider the subject. The cases will not be de-
cided until after the members whose titles are
challenged shall have been heard, II they so de-
sire. There Is little or no reason to doubt. how
ever. that the committee will recommend. after
full consideration. that the seats Of Messrs
Wheeler, Colson. Campbell and Robbins be de-
clared vacant from the date of their acceptance
Of Army commissions and muster into the
United States service.
Members of the committee who have invest-
gated the law and presidents, several Of them
have already done. all seem to be of that
opinion. Among them is Mr.. Ray. of New-York.
one Of the abest and most industrious members
OF the committee. who has consulted all the
authorities and precedents Among the latter
are several which are on all tours with the pend
ing cases. One is that of John P. Van Ness. a
Representative of the With Congress from the
State of New-York, who. while serving in that
capacity accepted an appointment from Pres-
dent Jefferson as major In the militia Of the
Territory (now DistricO Of Columbia That
fact being brought to the attention Of the House
Of Representatives, his seat was declared va
cant by unanimous vote Another case was
that of Archibald Yell Representative from
Arkansas. who was commissioned colonel OF a
regiment OF Arkansas volunteers in the war with
Mexico, in July. 1916 In December of the same
year Thomas W. Newton appeared with Gre
dentials as Representative from the same dis
trict. and was admitted to the seat as soon as
1t was shown that Mr.. Yell had accepted a COM
mission in the military service.
At the second session of the XXXVIIth Con-
gress, the case Of William Vandever a Repre-
sentative from the State Of Iowa. was investi-
gated by the Committee on Elections, of which
Mr. Dawes. of Massachusetts. then chair
man. 1t appeared that Mr.. Vandever had ac-
cepted commission, and been mustered in as
colonel Of volunteers while he was still men,
Der OF the House. The committee reported the
following resolution. which the House adopted
after debate:
Resolved. That William vandever has not
been entitled TO a seat as a member of this
House since he mustered into the military
service or the United States as Colonel Of the
since the 24th day of September. 1861.
OTHER PRECEDENTs CITED.
In the XXXVI1fth Congress the House OF
Representatives confirmed the recommendations
Of the same committee in the cases Of Major
General Francis p. Blair and Major General
Robert c. Schenck The former was elected a
Representative in Congress in the fall of 1862
but continued to hold and act under his military
commission until January. 1863 Congress hav-
Ing assembled month earlier. Before he quail
fled as a Representative General Blair resigned
his Army commission. but his seat IVES never
theless declared vacant. General SChenck was
allowed TO retain his seat. but the facts in his
case were different. He continued TO hold and
serve under his military commission until
short time before tie Congress assembled, to
which he had been previously elected. He did
not assume any OF the functions Of or draw any
pay Representative elect however, and re-
signed his military commission before Congress
met
The Of Senator-elect James H. Lane Of
Kansas was similar TO that of General Schenck
and the Judiciary Committee of the Senate de-
cided in his favor
If these preced ents followed. they I'M
Colson. Campbell and Robbins in the LVth Con-
gress will be declared vacant from the date Of
their acceptance of and muster-n under mill
tary commissions. Only of them, General
Wheeler, was renominated and reelected to the
LVIth Congress. If he should resign his COM
mission 8 Major General prior to the assembling
OF that Congress- he would be entitled to his
seat as a Representative in that body