New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-21
GEN. WHEELER'S STATUS.
FIGHT TO KEEP HIM OUT OF CONGRESS
NOT LIKELY TO SUCCEED.
IRr rELEanApH no rHE TRIBUNE.l


v.,asb,no+on Tor 9o-The announcement that
General Joseph Wheeler has rendered his resisha-
ton TO the Secretary of War and Is on ms way -
the United States take his seat IN the f1ou'7 -
Representatives has directed attention 10 hs
eligibility a member of Congress were II ~
for members OF his own party in the House theIe
would probably be no objection TO MS taxing '40
oath of office as the Representative from tHe
With District of Alabama. 1t IS apparent ho"
ever that the fight begun against him IN the last
session of the LVth Congress by Joe Bahey'
who prides himself his knowledge OF the Con-
stitution Is to be continued. II seems improDaOIe
that the opposition will be able to deprive GeneIal
Wheeler Of his seat, as he will occupy an eh'heiS
different position from the one he occupied year
ago At that time he accepted commission IN the
volunteer army while member OF the House Oh
Representatives. The Judiciary Committee which
carefully considered the question, decided that the
term OF a member of Congress dated from the
administration of the oath of office, and that as
General Wheeler had qualified as a member OF the
LVth Congress before accepting position IN the
volunteer army he therefore forfeited his seat as
a member of the House OF Representatives But
notwithstanding that fact the House by decisive
vote refused to consider the case when presented
by the Judiciary Committee and no action was
ever taken. II will be remembered that the animus
exhibited by Representative Bailey in trying 10
force the House to expel General Wheeler was so
revolving to many Democrats that it resulted in
an open breach IN his party and Baieys retirement
as the Democratic floor leader of the House
The motive which inpeed the members to refuse
to consider the case that time the universal
esteem in which General Wheeler was held through
out the country. Public sympathy was universally
with him. The average citizen could not under
stand why man should be standardization his
expulsion from the House OF Representatives would
amount to-for rendering his services 70 the Gov
eminent In hour of extreme emergency, going
to tropical climate and working night and day
for the success of the American Army. Members Of
Congress. rule reflect the sentiments of their
constituents, especially questions which do not
involve violations of their official oaths- Had the
question ever come to a vote the majority of the
members would have been compelled to sustain
the report of the Judiciary Committee. so the only
way by which this could be avoided to refuse
to consider the case.
THE GENERALS POSITION CHANGED.
This time, however General Wheeler occupies an
entirely different position He has not yet qualified
as member OF the LVIth Congress, and the
Judiciary Committee of the House has already de-
ctded that membership In Congress dates from the
time Of taking the oath OF office 1t cannot be
cessfuly contended that General Wheeler has for
feited his seat. Although elected. he not
legal member of the House of Representatives until
the oath Of office had been administered him,
in any other way Identity himself as a member Of
Congress- It cannot be- according to the decision OF
that he has been holding two offices under the
stitution.
NpWerOgs Instances can be cited to sustain Gen
prominent was in the OF David 3; Hill Of New
from that state While holding the oce Of Cow
ernor His term as United States Senator began
on March 4, 1891, while his Governor did
not expire until January i 1892 Mr. Hill continued
70 serve as Governor OF New-York until January I.
1892 ten months lacking three days after his term
as United states Senator began On January he
appeared In the United States Senate and the oath
OF Office was administered exactly ten months and
one day from the date of the beginning of the term
as Senator to which he had been elected. At that
time the case carefully considered by the ablest
lawyers In the Senate, and the unanimous opinion
was that. as Senator Hin had not drawn his salary
as member of the Senate qualified such,
clearly led m nd tha
dropped.
The. two cases are Identical. except that one
served In Federal Office after being elected as a
member OF the House Of Representatives, while the
other served in a State office nearly year after
his term United States Senator began. The
Constitution Is mandatory in It's provisions
against member OF Congress holding a State
office as 1t is against holding Federal Office.
The indications are. therefore that when General
Wheeler's case is presented to the Judiciary Com
mittee of the House for consideration and report
that committee will. In view OF the report made by
the same committee at the last session of the
LVth Congress, hold that General Wheeler is eligi
BILE to his seat a member from the With Dis
triCt of Alabama