Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-02-21
Members Of the House Holding Com
missions in the Army.
REPORTOF THE JUDICIARY COMMITTEE
Precedents Cited to Sustain the
Contention Made.
COM ISSIONER CASE S


Representatives Joseph Wheeler, from the
eighth district of Alabama: Edward E..
Robbins, from the twenty-first district of
Pennsylvania; David G.. Colson, from the
eleventh district of Kentucky, and James r.
Campbell, from the twentieth district of IL
linois, by accepting commissions in the
army of the United States, and being mus
tered into such service after being sworn
in as such representatives thereby vacated
their seats such representatives and
ceased to be members of this House as of
the dates they accepted such military Of
fees, respectively, and are not now mem
bers of the Fifty-fifth Congress of the
United States.''
Intention of the Fathers.
The report is a voluminous document, cit
ing authorities and precedents for the ac
ton taken. The report says in part:
THE trainers of the Constitution intended
to keep the legislative, judicial and execu-
tive branches Of our government separate
and distinct; to prevent cabinet officers from
being members of Congress, and thereby
giving undue power to the President and his
Immediate advisers: to prevent the cen
traliZdtion of power and office holding pow
er in a few hands: to prevent Judges from
acting at the same time as legislators and
thus concentrating power in the courts; to
avoid the manifold dangers to the existence
a representative government that would
follow a concentration of the legislative and
judicial or the legislative and executive
(the military and naval power being
branch of the executive) in a few and
the same hands.
without this constitutional restraint it
would be possible for a President and the
Congress to act in cOlluSon; for the Con-
gress to create high military and naval
positions without limit and for the Presi-
dent to fill these offices from the ranks of
INSCRIPTIONS, unpatriotic and ambitious
senators and representatives in Congress
Uhe Senate confirming matter of
cOurse), and as the President is command
er-in-chief of the army and navy. to thus
concentrate all power in the hands of the
executive branch of the government. These
military legislators might increase the
army control the elections by the bayonet,
and government by the people and for the
people would end. Two printed lines in the
Constitution of the United States has made
all this impossible.
What Might Happen.
''It Will not do to say that the appoint
ment of a representative in Congress TO an
office under the United States and its ac-
ceptance by him merely operates to sus-
pend the power of the legislator to act, for
If so the President of the United States by
colusion with the Congress might appoint
a majority of the legislators chosen by the
people to high offices. and thus destroy a
quorum in the law-making body, and as the
people would be powerless to elect others
in their places. there being no vacancies
the power to enact laws for the protection
of the people and the preservation Of the
republic would be destroyed. Thus by in
direction and collusion between the execu-
tive and the legislative bodies might the
destruction of the republic be accomplished
In any event great inconvenience would
result.
1T may be polite and wise at times for
apjG at Slzi 1al
to abandon the halls of Congress for the
field. but when he does this his place should
be filled by the people of his district or
state, who have the right to be represented
at all times by a living, acting member
1t was not intended by the trainers of the
Constitution that a congressional district
or state should go unrepresented while
the elected member or senator, with the
approval of the President and Senate, sees
fit TO absent himself and serve as a mill
tary or naval officer, or as d Judge or in
some other office under the United States
Inc senator or representative in Congress
is a representative of the people and is
elected by them to perform certain speci-
ned constitutional duties in their interest
and he has no right to enter some other
pubic Office under the United States and,
even temporarily abandon the performance
OF the duties of the position to which he
was elected.
1T is evident that our Constitution con-
templates, and that public policy demands
suspend by his own act and without the
consent of his constituents, his power and
duty to act their representative during
such time as he sees fit to serve in some
other obtainable government office. From
a legal standpoint it is mmateral whether
such action is taken from patriotic or sell
fish motives
rs 1t proper and public policy for the Off
GERS OF the army and navy acting as legis-
lators to appropriate the money for the
support of these departments, expend it as
they see fit under laws of their own MAX
ing. while governed and restrained only by
such limitations and restrictions as they
see fit to place upon themselves?
Possible Effect of Legislation.
IF their power as legislators is suspended
only while holding offices in the army or
navy, they may first (and in anticipation of
commissions make obnoxious laws and
| then go into the military and naval service
to execute them, leaving the people power
less, for while there is no possible quorum
to do business there are no vacancies in
either house, and hence a repeal of obnox-
ious laws or the enactment Of new ones is
made impossible. Even repentant and pa
triotic representatives would be unable to
return to the halls of legslati unless by
the consent of the President, without com
mitting the crime of desertion and incur
ring the death penalty. Even the court of
Impeachment might be in the army and
navy, unable to convene, and the whole
government would be in the hands of what
might prove to be an ambitious and unscru-
pulouS executive.
1t Is no answer to say, what we all con-
cede, that our present patriotic executive is
above suspicion What is constitutional to-
day will be so until the fundamental law is
changed. We are building for the centuries
and to avoid all probable, If not all nos
sible, dangers. Our fathers had all these
dangers in mind when the Constitution was
framed.
''In Indiana, State agt. Allen (21 Ind.
| $50, the court went far as to hold that
an enlistment in the army of the United
! States for three years or during the war
was an abandonment and vacation of a
| civil office held under the state (See also
| Willcock on Corp. 23S. But see Bryan agt.
| Cattell, 15 Iowa, $50.
THE question may be asked, What will
| be the situation if person holding a COM
| mission in the army of the United States is
| elected to Congress and, without resisDing
| his office in the army, presents himself as a
| member OF the House? In such case does
| he vacate the army position? Assume that
| he refuses to resign either and claims to
| act in both positions. 1t VIII be time
| enough to cross that bridge when reached.
! 1t is clear. however, that in such case he is