The times. [volume] (Richmond, Va.) 1890-1903, 1899-01-25
Members of the House Who are Mem
bers of Various Commissions.
GEN. WHEELER'S BRIEF FILED.
lie says for Him TO Have Resigned
Would Have Been Unjust 10 Other
Members of the House Who are
Practically i'm His Position.
Has Drawn No Pay from
Congress.


The House Committee on the judiciary
to-day took up the consideration Of the
resolution introduced by Representative
Bailey inquiring whether any member Of
the House had accepted any office under
the United states and whether the ac-
ceptance Of such ofice had vacated the
scat of the member accepting the same.
Members of the various commissions
who are also members of the House were
notified that hearings would be given If
they desired TO appear
WE'RE HOUSE COMMITTEES.
Representatives Moody. OF the Postal
Commission. and Hit. of the Hawaiian
Commission were the only ones who
came. Both took the position that the
commissions were practically commit
tees of the House.
Representative Terry OF Arkansas
asked Mr. Hit "a number Of questions
bringing before the committee the fact
that under the law the members of the
Hawaiian commission We're appointed by
The President and We're TO have been con-
hrmed by the Senate. and that they re-
ported 10 the President Judge Terry
also made the point that as a general
rule when the House desired Information
30 appointed committee of its own
members. while the commission included
in its membership several persons who
were not members Of either branch Of
tie Congress.
HAWAIIAN COMMISSION
The question was also asked whether the
Hawaiian members were not foreigners
before the United States flag was raised.
Major r. T.. Robbins. of Pennsylvania.
member Of the House. presented and
read brief setting forth that be had
volunteered ON July 1st and resigned Oc-
t0her 1f and that he mad drawn no
salary except that of representative.
General Wheeler hlcd his brief. but
rs verbal argument was postponed dr-
~ tomorrow.
GEN wIIEELERs STATEMENT
II was I'm part as follows.
~ concur with the committee that the
question before them is one Of very
grave Importance. II the extreme view
s. taken that the clause IN the Constitu-
tion is mandatory and that II applies
to all members Of Congress who accept
Offices of q temporary character which
may be terminated at any moment then
the Government will frequently find it,
sof embarrassed i'm selecting men for
certain duties IL would have been equal
~ unfortunate had he been inhibited
from appointing Mr.. Dingley and Sena-
tors Fairbanks and Faulkner on the
Canadian Commission.
"The committee will readily understand
my embarrassment in a matter Of this
character. There are three other men,
bers Of this House who have accepted
military commissions and some twenty
eight others who have accepted civil po-
sisions 10 would be very unjust 10 them
for me 10 have assumed 10 decide this
question by attempting 10 resign, as has
been urged that such action on my part
would Doe used as an argument against
their right TO retain their seats I'm Con-
gress.
Again. 7 have received continued and
urgent appeals from my constituents not
TO resign. and these have come from
men who have successfully supported me |
I'm ten primary elections and I'm ten elec-
tions ass "A member of this body.
I'm Difference to the views Of the dis
tnguishod members of Congress who are |
insisting upon my seat being vacated, I |
have studiously refrained from taking an |
active part in the proceedings OF Con- |
gress and since the day Of my appoint |
nnent on May 4th. 1 have refrained from /
voting.
GOT NO PAY.
81 have not drawn any Congressional |
pay mileage or clerk hire, since May /
fourth Notwithstanding that / have been /
compelled TO employ clerks at my own
expense to perform routine duties"
General Wheeler then gives the names
Of the many members Of Congress serv-
ing on commissions and on the boards |
of various government Institutions. clos
Ing with an exhaustive review OF the law
and past cases IN Congress
General Wheeler gives che names OF
about thirty members OF the House and
Senators who are members Of the Labor,
Mall Transport alton, Hawaiian. Canadian
and Peace Commissions and directors OF
the Columbia Institution for the Deaf
and Dumb and regents Of the Smithson-
ian Institution and says no one has con-
tended that they vacated their seats by
accepting and performing the duties Of
those Offices.
NO DISTINCTION.
All these officers he points out, we're
appointed and he says IL do not think
there should be any distinction between
those appointed by the President and
those appointed by the Speaker Of the
House. They are al officers within the
legal meaning. and quotes legal authori-
ues 10 show the definition Of the word
Office"
General Wheeler contends that the
source or appointment does not affect
the character OF the position. Many OFF,
Gers he holds are appointed by heads
or departments and many practically by
Congress. as. for instance the appoint
ment ~ naval cadets who are officers and
yet they are virtually appointed By mem
bers OF Congress
lie says that I'm former Congresses
over go such appointments to civil Of
ices have been made but 10 be conserNa-
tive. cuts the number to 600 and says
not single objection was made that the
constitution was being lnfT1nged
OTHER INSTANCES.
General Wheeler also cites a number
Of questions somewhat similar 10 this
which have been before Congress al vari-
Gus times. As a result OF his investiga-
uon. he says tho House refused to un-
seat several members who had entered
che volunteer service.
He concludes with these words:
Il know that the members OF the com {
mittee and the members OF the House.
whom ! am proud 10 call my friends
NAL decide this case as they believe 10 ! !