Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-01-25
Special to the Register.

SPCNidl " tLC INCSlSlCI.
Charleston, w. Va, January "a
Another outrageous act was perpetrat-
ed to-day when the Senate, in violation
Of all law and precedent, declared that
E. G. Pierson and H. C. Getzendanner,
were entitled to seats in the Senate.
The effort was made yesterday to take
such action, but it was prevented by
the Democrats, who objected to the
resolution being taken up for immedi-
ate consideration.
To-day the resolutions prepared by
the Senate committee declaring them
entitled to seats were taken up, the
Pierson resolution first, and Senator
Mcneil moved its adoption. Senator
Cornwell moved to substitute the mi
norlty resolution, declaring thai he is
not entitled to his seat, and spoke in
favor of the resolution. Mr.. CornWell
went over the ground fully and pre-
scented an able argument. He said that
the resignation of Pierson from the
army was in itself an admission that
the two offices of Lieutenant and SEN
ator were incompatible.
The Attorney General, he said in
his remarks before the committee, had
admitted that the army position was
a lucrative Office and that Pierson
could not have both it and his seat
in the Senate. The Attorney Gener-
ais only point was that Pierson could
not hold both offices at once. This
Mr.. COrnwell characterized as ridicu-
lO11c ond cold ~ noinht or vuoJl 10 .o;l
hat when the Senate adjourned for
the night its members were no longer
Senators as to say that they were not
Senators except during the session of
the Legislature and could hold any in
compatible office while the Legislature
was not actually in session. Senator
Mcneil said the question has been so
fully discussed that it was unneceS-
sary to say more and moved the pre-
vious question, but the Democrats OBJ
jected to being cut off from debate,
and he withdrew the demand. He
said that the two army officers had
not held both offices at the same time.
That" he said. sis our whole con-
t~ention."
Senator FAIR urged the same point
that the men did not hold both offices
at the same time, and contended that
there was a difference between the rules
governing State Senate and the Con-
gress of the United States, under which
Gen. Wheeler had been unseated from
the House. Senator Osenton quoted a
large number of legal authorities bear
ing on the subject, while it was no.
ticeable that the Republicans gave no
authority whatever for their action.
Senator Osenton defined eligibility and
explained, backing his explanation
with legal authority, that in order to
be eligible to hold an Office any person
must be eligible from the day when he
is elected. No subsequent act of his
can remove ineligibility and restore
him to an Office which he has nee va
Gated by the acceptance of another.
So strong was the evidence against Pier
sons eligibility that even the lash of the
party whip could not drive Senator Fast
to vote the majority report. When his
name was called he asked TO be excused
from voting, stating that he had views
of his own upon the subject, and that his
vote would not affect the result, any way
he might be willing to vote. While he
did not say so in words, it was evident
from his manner that he was opposed to
recognizing the army officers as Senators.
The minority report was lost and the ma
jority report adopted.
Then a motion was made to take up the
G-etzendanner case and the President
made what seemed like very arbitrary and
unfair rulings. Before the resolution was
read to the Senate. Mr.. Mcneil demanded
the previous question. Mr.. CornweIl
to substitute the minority report,
but the president ruled him oUa of order,
because the previous question had been
ordered.
Senator Osenton raised the point of or
der that the resolution had not been re-
ported and the previous question could
not be ordered until this was done. The
president over-ruled his point of order,
and Mr.. Osenton appealed but the appeal
was laid up on the table by a party vote.
Mr. Osenton moved TO adjourn, but the
president ruled this out of order. and the
Getzendanner resolution was passed. Sem
ator Fast also refused to vote upon this
resolution.
Senator Whitaker was not present, but
the rest of the Republicans voted solidly
for both resolutions.
SUMMERS.
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