The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-25
BY WHEELER
The General Thinks He Can Legally Von'
tinue In Two Positions.
THE CONSTITUTION is NOT MANDATORY
mia Not Resign Becnusc HIS Nfi'"''
Would Have prejudiced inc
OF Others--Drnws No PHs'

Washington, January 24.-The inquiry
ordered ~ the house OF repfoscn'a',, |
TO what members were holding o"'s''
Extraordinarily intended TO deleri',is -
status OF Major General Wheeler anu o'as
members OF The army--"as pes',.
by the committee on judiciary ny
qairy was public. and besides thp oo'
ice there were present General WheS'ss,
VINO made a ruiz formal presentalion y. -
views holding that he was en'i ~
lis n member OF the mouse whi,s o. IN
as volunteer Representative nv No.,
the member of the Hawaiian co'iiii,s.n
Representative Moody tMass,), q ,,snfiya
ar The postal committee; Represen.a.N'Ji
Iltian fIvis1 81 member OF the inuHstr'a.
committee. and Representative uail -
IN. ~ a member of the inuustrn'' ~,
nittec. submitted a brief as 10 tne t.ssia
OF members on that commissio" W
their places. r, who in-
Representative Bailey tTexas) WIG ~,
augurated the inquiry, was no. peta,s.
The main interest attached 70 .ne S. 80
ment of General Wneeier' "
mally prepared. a., na-t is
as follows: mot rho
81 concur with the committee that .hc
question before them Is one oil Nsi1 So,
Importance. Ii the extreme NicW 10 .ans
that the clause in the CONSTITUTIONS is NJ av..
datory and that ii applies to all members
of congress who accept offices OF TEN,
poiary character which may be teriilil"tsu
at auy moment, then the government WIZ
frequently hnd itself embarrassed III 90
lecting men for certain duties rol ="
stance, 1t would have been entortunats u
the president had been inhiDiteu rom
appointing Senators Davis Frye ana Hiay
on the peace commission. II would nave
been detrimental for him not TO pc ap'e W
appoint Senator's Morgan and Culioin VI,
the Hawaiian commission and " wouia
have been equally unfortunate nad ne oee.
inhibited from appointing MI. Dinsiey atiu
Senators Fairbanks and Faulkner on ths
Canadian commission. IL would also nave
been unfortunate had ne been lnhlpiSs g
| from appointing such distinguishes ~
able man MS Senator Morgan on the afol-
traticn court in Paris. II has frequently
been the case and will often be hereafter
| that members of the house and senate pos
sess knowledge with regard To important
matters which eminently fits them ior
holding office or performing duties of vital
| importance. So thoroughly have congress
| and the executive been impressed with
this. that during the ITO years OF the exist,
| ence of our government MANY hundfea
members of the senate and house have
/ been appointed to offices
| "Thc committee will readily understand
my embarrassment in matter OF TINS
character There are three other members
of this house who have accepted military
| commissions and some twenty eight 9th
| ers who have accepted civil positions. II
would be very unjust 10 them for me u
have assumed 10 decide this question b!
| attempting 10 resign as 1t has been urged
| that such action on my part would b'
used as an argument against their righ
| TO retain their seats in congress. Agar
I have received continued and urgent ap
peals from my constituents not to resign
and these have come from men who hav'
successfully supported me in ten primar.
elections and in ten elections rs mem
Der of this body. In difference TO the view
Of the distinguished members of congress
who are insisting upon my scat heing-va
| Gated. | have studiously rctrained from
taking any active part in the proceeding
of congress and since the day OF my APP
pontment on May 4, I have refraine'
from voting.
at is true that at hrst I catered tn
hall few times to sec some of my fello,
members. but since learning that this wa
distasteful TO one or two OF my old friend
have rofrsined from even availing mg
self OF this privilege. ] have not draw
any congressional pay. mileage or cler
hire since May 4. notwithstanding that
have been compelled to employ clerks a
my own expense to perform routine du
ties"
j. General Wheeler then gives the names
OF the many members Of the congress
serving on commissions on the boards o
various government institutions After
an exhaustive review Of the law and pas
cases in congress, General Wheeler con
cludes.
~ know that the members OF the com
mittee and the members OF the house
whom am proud to call my. friends. viii
decide this case as they believe TO be u
accordance with the spirit Of the consti
tuition. To those who contend that
should have resigned my seat, ! will sa.
that I was urged not TO do so by person
whose requests and recommendations
could not disregard, and 1t has also beeI
urged TINT for me TO have done so won''
have been quasi an expression OF my judg
ment on the matter and thus In mcasur
have prejudiced the case OF some thirt
other members OF the house who are II
the same position rs myself.
Representative Robbins (PaD. who wa
a major OF volunteers. presented state
ment on the lines OF General Wheeler
abatement. maintaining that he had no
forfeited his scat by accepting commits
| ainn