The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-08
70 REPORT AGAINST
(BY JOS. oHr.,

WneSpSi val "s actaih ul0 oe1<I
gress and at the same time Ma
nilsson In the army.
l The house committee on judic,s.
report ut some time in the very ~
And the probability Is that NJ
tee will hold that the accepts.,
commission In the army means "
surrender OF the seat In congrcs.
| Other eminent soldiers have \
seated under exactly similar "
AMI the talk here is that this ~
result OF the present investleatt
1t is expected that the houss
tee will consider at Its Fridsy,s
this question, raised by the fact n
eral Wheeler and several other
OF congress hold commissions Ii n
Congressman Campbell OF Illioo.|
of Kentucky and Robins Of psns|
all stand In the same relatiop
| General Wheeler, but because a. J
erals prominence his is the ~
has attracted the greatest attenfl,|
From what ! have been aha
from members of the committee }
certain that the report viii K
General Wheeler ard the othef
sional soldiers. The question q -
of constitutional construction. NJ
feet OF the report OF the commit
probably be that the acceptance n
mission In the army depriyes ~
OF the right to a seat In cougreal
~
1t has been the contention 4
these who take the contrary VI
whereas there could be no ar
the application, OF this rule to 4 y
holds a commission in the resuk,
the volunteer officer or soldier
different plano. The volunteer. tbey|
is, as his name indicates, q man
unfairly offers his services to H.
of his country and he Is not -,
the army branch of the goyernm1,|
the officer or enlisted man In N
manent establishment. This. / ~
General Wheeler's view Of thu
though he has refraiuedr from dis,l
the question because of his pelvns|
terest in 1t.
The members of the Judiciary a.
are, so far as l have been able Z
almost unit in holding the contssrl|
ion. Mr.. Underwood OF Alabama I
one of the democratic member !
committee, and who is at the sam.
close friend of General Wheeler. p
day:
"Of course It is not mattsr d
ment at all. II 1t We're that an ~
house would, almost to man, y
have General Wheeler retain his ~
precedents are all against IL NJ
1t happens that every case In NJ
member of congress was depriya :
seat after accepting a commissiu =
army, the man whose seat was 4
vacant was volunteer officer. ND
the situation in the Van Ness ca,A
is the earliest of the precedentS wi
had served with distinction Is u =
in the revolutionary war and had MI
to congress from New York. He NJ
fered the purely honorary positica I 7
mel In command of the DistHa II
lumbia militia, and his accaptsuN n
was deemed by congress good " 4
nient reason for depriving him d VI 7
This serves to indicate that even b [
early days, when the spirit Of ~ u
tuition is supposed to have been ID
even the most .extru,
was deemed sufficient to deprivsstkd
Der of congress Of his seat. OF m
was the intent Of the makers oi M
;titution that there should be no e.
eft open by which it would n ~
'or the army to dominate the lN
branch of the government, or lDrte
scutive TO use the army to sec1S
domination of the executive over th
atiye.
~
The same principles obtained u q
md Baker cases, decided in the ~
ninth congress. The most Notable ~
hat Of General Blair, who was
General of volunteers and was slca
congress while holding that ccmr
Iuring the days of the civil war. i
eem that II there ever was. tins
he disposition of congress would haie
o stretch point in the interest
var hero, it would have been ct tls
ocular time, when the army was Y
Ugh favor, but congress unseated y
blair.
Tho question:" continued Mr.
rood, is purely legal. The ehcft
art OF some critics to make Vt apr
here Is personal feeling back Of y
curse, absolutely unfair. The q
all make Its report solely upon x
spects of the case and the indivicue
eneral Wheeler, Colonel CamppaL
ell Colson or Colonel Robins Wy
othing whatever to do with ~
the report"
General Wheeler's friends contN
lere are many points OF dines
Seen his case and those which ~
precedents. One of these lies u
lat while in those other caesA
larly the famous Yell case, ~
the State urged that the ~
AIRED vacant because the warrior 9
an was necessarily away from
N and their interests suffered
heeler case the people have
unanimously renominated and n
m in the face OF that absence
Nv urging him TO remain IN a.
ssible. He Is receiving teleem
over his district, and his Stsss
at he take all necessary steps
S seat in congress-. and dealMl1
luminous wish OF the people -
ain In congress. Indeed, MAY
legrams are coming from all
Q country, the Wheeler case
do interest. General Wheeler
er, studiously refraining from g.
TT in the discussion OF the ques'E
actively going on among me-
ngrcss.
A Model Farmer
Campo Eagle.