Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-01-07
A GOOD OPINION.

/ OOult VI n ppcaics III al iutciftCh
| gives q concise, explicit and reason
able view Of the question relative TO
the eligibility of Messrs. Getzen-
danner and Pierson IS members OF
the State Senate, Notwithstanding
their having enlisted in their coun-
try's army. In the case OF Finley,
the democratic Senator, who he'd
been, during the interim of ses.
sions, revenue collector, and who
resigned that, on the beginning OF a
session, and took his seat when the
republicans were in majority, he
says:
"But the scat of Finley was not
forfeited and MacCorkle did right
in refusing to issue a writ of cleo
ton.
If the question OF the right Of
Finley to occupy his seat had been
raised and determined by the senate,
it would have furnished a precedent
for the present senate, which it
would be its duty to follow, but the
question was not raised. The fact
that the question was not raised is a
very strong silent precedent that the
senate thought Finley had the right
to occupy his seat.
"There can be no sort of doubt
about the right OF Finley to occupy
his seat. When he held "lucrative"
federal Office be was not discharging
any senatorial duty, and when be
occupied his seat in the senate be
| did not hold any "lucrative" federal
offlce.'
The Judge then refers to the cases
of Schenck and Blair, and says:
"The constitution of the United
States provides that mo person hold.
ing any office under the United
States shall be member of either
house during his continuance in Of
fice.'
"Schenck and Blair were both
elected to the house of representa-
tives in the fall of 1852 for the term
beginning on the 4th day of March,
1868. The house did not organize
until the first Monday in December,
1868, and so was not in session from
the fourth day of March to the first
Monday in December 1868. Early
in March. 1853, Schenck was com.
missioned and qualified as a major
general in the volunteer army of the
United States and acted as such to
about the last of November, 1868,
when he resigned and took his seat
in Congress on the first Monday in
December, 1863. Blair was COM
'missioned major general in the
same army after he was elected,
before the fourth of March, 1868,
and qualified and continued to act
as such after Congress met to about
the first of January, 1864, when he
resigned his commission and quail
fed ard took his seat in Congress.
"Some one in Congress raised the
question OF the right of these gen.
erals to hold seats in Congress
claiming that they had forfeited their
right to seats by acting as generals
after the commencement of the term
for which they we're elected. Con-
gress decided that Schenck had not
forfeited his right to his seat be.
cause he resigned his army Office be.
fore the time he took his seat.
The cases of Finley, Getzendan-
ner and Pierson all come within this
case.
Congress decided that Blair had
forfeited his right to his seat because
he held his military Office after Con-
gress met. The cases of Finley,
Getzendanner and Pierson do not
any of them come within this case,
because they all followed Schenck
and resigned their federal lucrative
offices before the time 10 take their
seats in the senate.
"The cases of Schenck and Blair
were probably the best considered
cases ever decided by either house
of Congress, and are better author
ity. They were decided during the
war by house in political accord
with both Blair and Scbenck.