The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-01-30
OFFICE GRABBING UPHELD
Congressman Gardner De-
tends His Violation of
the National Con-
stitution.

WASHINGTON. Jan. 80, 1s99.-The Jul
dietary Committee of the House is pro-
ceeding very slowly in its Investigations
as to the right of members of Congress
to hold other offices under the Federal
Government and retain their seats in
Congress. Originally, the intention was
simply to inquire into the commissions
held by Congressman in the army, but the
scope of investigation was enlarged, and it
now embraces commissions created by
Congress.
The one now receiving the attention of
the committee is the United States Indus
trial Commission, composed of five Sena-
tors, five Representatives and nine men
appointed from private life.
One of the most influential members of
this commission is Congressman Gardner,
Of New Jersey. He was a witness before
the Judiciary Committee, and vas asked
to explain how he. as a member of Con-
gress, could legally he a member of the
Industrial Commission. He began by
quoting article 1, section 6. paragraph 2
of the Constitution of the United States,
which says
mo Senator or Representative shall,
during the time for which he was elected,
be appointed to any civil office under the
authority of the United States, which
shall have been created, or the emolu-
ments whereof shall have been increased
during such time, and no person holding
any Office under the United States shall
be q member of either house during MS
continuance in office"
Congressman Gardner's comment on
this was that, first, if membership in the
commission is an office. it is a civil office.
If a civil office, it was created during the
-. Lilo IA roc I1a fAdM m EfnnnTGGG
| and that he was, therefore, Ineligible.
| Within the view of the Constitution, he
claimed, hat has not been legally done
| which that instrument says shall not be
done. If there is q vacancy, therefore,, 1t
is in the commission, and not in Con-
gress.
His second contention was that mem
bership in the commission was not an
| office, for by article 2. section 2, para
! graph 2 of the Constitution. offices can be
| created only in one of four Ways
Firstly the President, by and with
the advice and consent of the Senate.
Secondly the President alone.
Thirdly a court of law.
FourIh-By the head of a department.
Congressman Gardner said that the
| Congressional members of the commits
| sion were appointed in none of these
| ways, and are therefore not officers. He
| claimed tina this construction of the
Constitution is fully sustained in the
case OF the United States against Ger
maine, ninety-ninth United States re-
ports, page sos, which decision, he said,
| had since been cited approvingly by the
United States Supreme Court.
Mr.. Gardner said further that a con-
struction that the House Of Representa-
| tives is a department of the Govern
ment. and that the Speaker is the head
of that department would be too abb
| surd to engage the attention of the Com
mittee on judiciary
Mr.. Gardner concluded his remarks by
| repeating the argument he had made
when the constitutionality of the bill Gre
ating the commission was attacked by
Congressman Bartlett, of New York, on
| the floor of the House. In that debate.
he said tina Mr. Bartlett's argument
went simply TO the point that the Cow
m was about to gather informal
ton through unconstitutional instru-
ments, and he held that Congress might
use any of its membership to gather pub
lie information without infringement up
on the Constitution.