The times., 1899-01-25
IN THEIR own DEFENCE
Double 0ficeholders Before
the Committee.
GENERAL WHEELER'S BRIEF
1t cites Number of Preccdents-
His Reasons for Not Resigning-TO
Appear in Person Today-NIr. MITES
Position ns IL Hawaiian Commits
sioner Stnted-IntercstinE History

The Judiciary Committee of the House
has at last decided to go on with it's pro-
ceedings under the Bailey resolutions. The
committee felt that in common decency it
could not afford TO longer wait for the
Legislature of West Virginia to elect
Senator-as it has been doing for some
time.
The situation in that State is not so well
understood as ii should be. The Republi
cans there have a majority of one on joint
ballot, but this majority is partly made up
by two Republican State senators who held
commissions in the volunteer army. If
now the National House of Representatives
should unseat the military Congressman it
might affect the seat of any United States
! Republican Senator who might be chosen
by the votes of these two West Virginia
military legislators.
The Republicans on the House Judiciary
Committee have therefore been very chary
of taking action here until matters were
settled in West Virginia. Now that the
Senate of that State has declared that its
military members are entitled TO their
seats the committee is about to act
Hearings were begun yesterday morning
| of statements by Representatives whose
seats may be affected by the Bailey resolu-
tion. Three of these were heard yesterday,
and others will appear today. Representa-
tive Hit of Illinois who was on the Ha-
waiian Commission; Representative Moody
of Massachusetts, who was the Postal
Commission, and Representative Robbins
of Pennsylvania who was a major in the
, Pennsylvania volunteers, made statements
and answered questions. General Wheeler
submitted brief and will take the stand
today and will ba nj I,t,r nj
| son of Kentucky.
JnseBt Military Members.
The whole tendency of the committees
questions yesterday tended to show that
Representatives who had accepted other
civil appointments would not be disturbed
and military Representatives would be un-
1 seated. The case Of Major Robbins is the
most favorable of any, as he resigned his
military commission before Congress met
| in the present session and accepted no pay
I for his military services.
| General Wheeler. while drawing no pay,
still holds his commission in the army;
while Colonels Colson and Campbell not
| only hold their commissions, but also are
! said TO have drawn pay for two posts until
| Speaker Reed refused to approve their pay
+, warrants.
| Yet the committee, even in Mr.. Robbins
| case, clearly was of the opinion that the
| two offices were incompatible. the person
| holding them being subject absolutely to
the orders of his military superiors and
also being subject to being forced to at
tend the sessions of the House.
Mr.. Hit was the first witness He
claimed that the Hawaiian Commission
was hardly more than joint committee
OF the two houses of Congress. II was true
that there were members of the Commits
! sion who did not belong TO Congress, but
| that did not affect the general question
| The Congressional members received no
salaries and only necessary expenses and
were not sworn, as were the outside mem
bers.
General WheeIer's Brief.
General Wheeler will take the stand to-
day. His brief, submitted yesterday. was
in part as follows:
The committee will readily understand INV en-
| blrrassnent 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 he very unjust 10 them iOr me to have
assumed 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 in Congress
| Again, have received continued and urgent ar-
peIls from my constituents not to resign. and
these have come from men who have successfully
| supported me in ten primary elections and in ten
elections as member of this body.
In Difference To the views nf tho iis,ir,,,i- az,
members of Congress who are INSISTING 49,, ,,,
seat being vacated. | have studiousiv rrfrainsd
from taking an active mart In tho r,,,ceedircs az
Congress and since the day Of my appointment
on Nav 4. have RETAINED from voting II ;s
true that at first | entered the hail few times
| TO see some of my fellow members lint since
learning that this was dista.teful 10 one or ,v,n
Of NV old friends I have rcfrain.J from even
| ayailiuc myself Of this privilege | have moi
| drawn any Congressional nav mileage or cler.
| hire since Nav 1 notwithstanding thar have
! pense To perform routine duties
Even at this very moment Senator's arc hold
| ing very important offices under The apuoiutmcu,
| OF the President, as Peace Commissioners, and
1tt"ss Thc tolI''ins, n ,.," "'lunE i'isn
| occur to me:
The Labor Commission. House Gardner (N
-, LoFlmer ullD, Lowering (iass.), Livingston
Ca D., and Bell. tCol.)- senate-AlliNon, Mantle
Daniel, and Mallory.
Transportation Commission. - House - MOODY
Ter. and Faulkner.
Hawaiian Commission senators Morgan and
| Cullom, and Representative HIT.
| Canadian Commission-Mr. Dingley and Sena-
| '",, i1"'Sii,I S an; aiiu an u, ,aiiS a.,
nayis
Hon Serene f. PAYNE is director OF the Co
lumbia Institution Tor the Deaf and Dumb and
Senators ; NJ ouiom and George Gray, and
Representatives X II Hitt and Robert Adams
are regents OF the Smithsonian Institution And
vet, no one contends that these thirty or more
members oi congress have vacated Their seals by
accepting and performing the duties Of these
Offices.
There were three members OF the House and
| ftyf of bt ed as ytsItg Ia,