Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-07
ALEXANDRIA AFFAIRS
The Unseating Of Dr.. Mclean
by House Of Delegates.
REFUSES TO TAKE OATH
VIEWS OF THE DEPosED MEMBER
ON THE ACTION TAKEN.
Discussion Of the Power Of the Con-
stitutiona1 Convention-GeneraI
and Personal News.
REFUSES TO TAKE OATH
Evening Star Bureau,
701 King Street.
TSol1 1Solonhnna 1O4


Bell Telephone 1885,
ALEXANDRIA, Va, February Z. 1903.
Dr. e. p Mclean, who was elected dele
gate from Mecklenburg county to the pres
ent general assembly. and who declined to
take the oath under the new constitution.
commented this morning upon the action OF
the house of delegates yesterday in declar-
ing his seat vacant on the ground that he
is at present holding a federal Office in this
city, Passing over the majority report OF
the committee on credentials and elections,
which advocated that the Mecklenburg
member be given three days In which to
appear and claim his seat, if he so desired,
the house adopted the addendum to the mi
nority report prepared by David H. Leake
of Goochland which was as follows: with
out concurring in the reasoning Of the above
report l concur in the result, based on the
fact of Dr. E. P. McLean's holding a
federal office while a member Of the house
of delegates
In conversation with a reporter OF the
Star this morning DR.. Mclean made the
following statement:
II notice from the press reports the action
of the house, which, passing the major re-
ports of the case, selected the addendum
based on the fact of my holding federal
office, which report was signed by single
member of the committee, who, by the ex-
press provision of section A OF the present
constitution, is himself ineligible to seat
in the house 1t might strike an unpre1u-
diced judgment that II the exception as 70
qualification of members noted IN section ~
of the schedule was to be passed over IN ms
case 1t should have been passed over IN
my case, and this the more especially as
1, when first qualified, was not an officer OF
the revenue, having resigned during the
session Of the house, and having been re-
commissioned during recess. l only speak
of this to invite attention to the apparent
Inconsistency In the acton taken
Constitutional Question.
1.-The position I assumed from the outset
of this contest was that the constitutional
convention had not the power to lay. and
by it's published constitution and schedule
did not lay, an additional requirement upon
the members. of the general assembly. and
that it would require an act of the house
to compel one of its members to take an
additional obligation. This the house has
acknowledged by the action taken, as 1t
carefully avoided all reference to the
failure to take the oath as cause for
vacating the seat, and went outside of the
original case and found what was supposed
to be an escape from the unpleasant posi-
ton in which it was placed. The will of the
ma jority. Is always respected because 1t Is
the majority, nevertheless it Is not above
criticism
DR.. Mclean declared that Mr. Leake,
whose report in the case was adopted, was
at the time Of his election to the house, and
at the present time Is, commonwealth at
torney for the county Of Goochland. which
he represents in the general assembly. He
then called attention to section A; which.
providing for the qualification of members
Of the house, goes on to state that mo per-
son holding a salaried office under the state
Nd i1,dO nf f
torney for the commonwealth, sheriff, ser
geant. treasurer, overseer Of taxes, COM
missioner of the revenue, collector of taxes
or clerk of any court shall be member Of
either house Of the general assembly dur
ing his continuance in office, and the cleo
ton Of any person to either house of the
general assembly, and his qualification as
member thereof, shall vacate any such office
office or post Of emolument under the
United States government, who is in the
employ of said government, shall be eligi-
BILE to either house.
Provisions Of the Schedule.
A part of section 10 of the schedule Is as
follows: TT shall (referring to the general
assembly, be vested with all the powers
charged with all the duties and subject to
all the limitations prescribed by this con-
sttution in reference to the general assem-
bly,, except as to the limitations upon the
period of its session, qualifications Of men,
bers, and as to the time at which any of
its acts shall take effect, but the ineligi-
biity of the members thereof to be elected
to any other office during their terms as
members of the general assembly shall be
such is provided by this constitution"
DR.. Mclean was one of the few success
full republican candidates for the general
assembly Of Virginia in the recent election.
When that body subsequently convened.
he appeared in the house and declined to
take the oath. Since then he has not oc-
cupied his seat, and the question as to
whether or not 1t was vacated has been
frequently discussed in the house. By the
decision arrived at the large county of
Mecklenburg is without a representative In
the house Of delegates. DR.. Mclean is en-
ployed in the internal revenue Office of this
city.
Preparing for Celebration.
A meeting of the executive committee
having in charge the preparations for the
celebration here the 23d instant of the an
niversary of Washington's birth has ar
ranged for a meeting this evening at 8
o'clock in the rooms of the Business Mems
League, corner of King and Washington
streets. At this meeting the chairmen of
the various subcommittee will announce
the names of their assistants. The COM
mitteemen are busy with arrangements, and
state that from present indications the erig-
inal plans for splendid parade will be full
filled If not surpassed. 1t is said that the
parade will be considerably over a mile in
length.
Brief Mention.
The basket ball team of the Alexandria
Light Infantry administered defeat to the
team representing the Gibraltar Athletic
Club of Washington by score of IA to II
in holly contested game played at Armory
Hall in this city last evening
A german was given at McBurney's Hall,
corner Of King and Washington streets,
last night by the Strollers. There were
guests present from Washington
A reception was given yesterday after
noon from to O'Clock by Mrs. Lycurgus
E. Uhler at her home, 321 South Washing
ton street She was assisted In receiving by
her daughter, Mrs. A. Herbert Oliver
Fluctuating Gas Flames