Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-01-25
CONGRESSMAN IN ARMY.
Hearing Opened TO Determine II They Can
Hold Both Offices.

Washington. Jan. 24.-The inquiry or
dered by the House OF Representatives
as to what members were holding Off
ces-originally intended to determine
the status of Major General Wheeler
and other members who are in the
army-was begun. today. by the COM
mittee on judiciary. The inquiry was
public. and besides the members of the
committee there were present General
Wheeler, Representative Hit of Hi
nOiS. the members of the Hawaiian
commission. Representative Moody Of
Massachusetts. p member of the postal
commission. and Representative Often
of Minnesota. a member of the indus
trial commission.
Representative Gardner of New Jer.
sey, a member of the industrial com
mission. submitted d brief as to th5
right of members on that commission
to hold their places. Representative
Bailey of Texas, who inaugurated tho
inquiry. was not present. The main in
terest attached to the statement Of
Gen. Wheeler, which 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 consti
tuition is amendatory and that 1t ap-
plies to all members of Congress who
accept offices of a temporary charac
ter, which may be terminated at any
moment. then the government will fire.
uuently find itself embarrassed in Sc
lecting men for certain duties. 1t has
frequently been the case, and will
often hereafter be, that members of the
House and Senate possess knowledg,
with regard to important matters
which eminently fit them for holdins
Offices or performing duties of vital i'm
portance. So thoroughly have Con
,, gress and the Executive been impressed
with this. that during the 10 years OF
the existence of our government many
hundreds of members of the Senate
| and of the House have been appointed
| to offices.
"There are three other members of
this House who have accepted military
commissions and some % others who
have accepted civil positions. 1t would
be very unjust to them for me TO as
sumo to decide this question by at
tempting to resign, as it has been
| uIStu VIldl SuCHl dtlIOI vi lily part
would be used as an argument against
their rights to retain their seats in
Congress. Again l have received con-
tinued and urgent appeals from my
constituents not to resign.
I'm Difference to the views of the dis
! tinguished members who are insisting
upon my seat being vacated. I have
studiously refrained from taking an
active part in the proceeding of Con-
gress and since the day of my appoint
ment, May 4, have refrained from vot-
ing. ! have not drawn any congress
sional pay. mileage or clerkhire since
May 4, Notwithstanding that I have
been compelled to employ clerks at my
, own expense to perform routine work"
! Mr.. Hit said he had nothing to VOL
1nteer as to the right to serve on the
Hawaiian commission beyond what
was clearly known. He regarded
as strictly legislative work performed
at the request of the President and it
was in response ITO an express mandate
of Congress in the original resolution
anneXing Hawaii.
Mr.. Often upheld the right of mem
bers of the House to serve on the in
dustrial commission.
Mr.. Moody took similar grounds as
to the congressional members of the
| postal commission, holding that it was
(! 4 duty performed for Congress Just
as an ordinary committee performed
the work of Congress.
Representative Robbins of Pennsyl-
vania, who was a major of volunteers
| presented a statement on the lines of
Cen. Wheesers, maintaining that he
had NOT forfeited his seat by accepting
| a commission.