Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-12-20
m EyPEL DR.. M'LEAN
..,,,r WILL DE CONCLUSION OF THE
COMMITTEE IN his CASE.
,oNNiTTEE ~ HIS CASE.
NICE LEGAL POINT INVOLVED.
,,, Power of tho Constitutional
ronxcntion and the Source OF Life

80 Power OF tho constitutional
convention aud the source OF Life
- ,hc Pre.cnt General Asscn,hI,
mi. l.sncs Involved.
-t case eft Delegate Z. r. Mclean, Of
=. 1sburg. who refused TO take the
rdcr THO new constitution. and the
5-.r of whose eligibility 10 sit as a
IT, Of the house has neen raised,
some very nice questions of law
cumming, member Of the sub
-ftrr to which the case was re-
has prepared and embodied in tie
of bill his views on the questions.
lrSt conclusion is that +. 2. Nc
r was not ineligible to membership
+. :.cuCrai assembly. which convened
q, december. 1921, by reason of his being
rai Office holder.
second conclusion is that the scat
M Hfs Mclean is now vacant because
- %ailurc 10 take the oath under the
nst.toton. Ills next conclusion is
81 NIX Mclean should be expelled for
a.s.s8uca in office. and that the coun-
Ms yleubure should not remain I'M
"a t,a ON the floor
r an elaborate discussion OF the
p involved Mr.. Cummings final
son is embodied III a resolution
tho scat OF the member {, }n Neck
arc s hereby declared vacant. and
aaker Of the house is directed to
ls.. writ Of election TO fill the vacancy
w.
HoW THE MEMBERS STAND.
T matter when brought TO the at
tn Of the Committee on Privileges
a elections recently. was referred TO
's5h-Cummlttee consisting of MesSrS
ming and West Democrats and
IIcernans Republican,, This sub
committee met yesterday afternoon At
80 with view to formulating a report
% he made to the fuIl committee but af-
1a~ sitting Of an hour and q half. rose
a. saaet again this morning at 10 o'clock.
81 that time Mr.. Leake. Of Goochland.
EtfI present his views on the case.
IL IS rather interesting that Messrs.
West and Cumming. OF the sub-commit-
tee and Mr. Lealle, d member of the
ful committee. have all reached pre-
rise lv the same conclusions. but by diff
rerent processes of reasoning and on
Elryly different grounds in each case.
Er Heermans, the minority member.
II She subcommittee agrees with some
ri the conclusions OF Mr.. Leake, and
77th some of those of Mr.. Cumming.
gE wholly with neither, and finally reach
Is . different conclusion.
MIR CUMMINGS CLEAR TALK.
AT The committee meeting yesterday at
tcrnoon Mr. S. Gordon Cumming made a
concise. clear, and plausible presentation
Of his view of The matter which he con-
lasses is atechnical one and one which he
cannot resist As to the point that DR..
Mclean was Ineligible in the first place
IN the General Assembly. by reason of
fhe fact that he held office under the
FEDERAL Government. Mr.. Cumming and
Mir I.ea5le resurrected the history of the
statute still existing, which provides
such inhibition II was enacted IN 1912
and has beers on the statute books ever
since lie contends, however, that the
Constitution known the Underwood
Instrument recently discarded. and under
which the members Of the General As
senbly were elected in 1901, expressly pro
Ribitcd any State officer sitting also as
a member Of the General Assembly, but
fails to make any such prohibition against
Federal officials He contends that the
failure to make such Inhibition against
Federal officers serving in the General
Assembly operates to permit their ser
vice notwithstanding the statute prohlbi-
ting such service. The Constitution, he
contends was drafted after the statute
was drawn and the failure OF the ORGANIC
Iaw to Incorporate such prohibition
against Federal officers serving in the
Legislature operates to annul and re-
peal the statute.
In this view Of the matter Mr. West
does not concur, There Is no doubt lhat
thu subcommittee will recommend me
expulsion OF Dr. Mclean, and that this
recommendation viii he adopted and IN
cor;,orated In the report of the full c21n-
Ynitiee There Will be. considerable further
aredment on the question when the case
comes an in the committee this morning.
and there will be 4 large attendance OF
the lawyer members of the committee TO
hear the nice legal questions involved oiS-
cussud.
EACANC0. OF THE SEAT
In reaching his second concluslon-thal
ITO seat of the said e. j. Mclean is now
vacant because OF his failure 10 take oaih
rrescribed by the new CenstitHuol1-Ali
Gun ming makes Very clear and force
fun analysis OF the question involved
ii. saws we are clearly OF the OPINION
max the General Assembly OF Virginia
:-let.trd in November 1901, and winch con-
,-a-7,.d on the first Wednesday i'll Decen-
her 1891. died beyond the hope Of resusci-
tatioy on the $rd of April, 1892, under the
lifa5tatlon OF time imposed by the so-caiIed
Underwood ConStitutiOn-thc one nun
cred and twenty day pcTiod-eNcept 1hat
e. might have reconNenCd i{self, or the
Governor could have reconEened II uhoSf
tho old Constitution at any time PRIOR
~ .IlslJr 10Th. 1902 but which was not done.
Having reached the end Of the period
prescribed by tbs Underwood Conshtu-
ti5n. that General Assembly came to 4
fnal conclusion. in our opinion. on the
5ay named This is clearly shown by the
large number Of bills on the calendar OF
bota houses on April 5rd. 1902, which DIED
with the session then expiring.
RIGHTS SWEPT AWAY.
III Of the rights, privileges, and powers
Of the General Assembly, and OF the
members elected in November, 1901. which
were held under the Underwood Consti-
tltlou, including the right OF The GOV
erncr Il. reconvene that General Assem-
bly. were swept away when the Constitu-
-ion now in force became the organic
law az the land, at L o'clock NJ, OF July
IWlh, 1862; therefore if the General As
selnbIy row in session has any rights,
il is pursuant 10 the provisions contained
il the Constitution in force on and after
July 10Th 1902, and OF the schedule
thereto annexed and made part
thereof. Section 81 Of the present Con-
..f.. ,--,S NJ