The free lance. (Fredericksburg, Va.) 1885-1926, 1907-07-13
Mr.. A. B. CHANDLER
he Wrongly Contends That DR..
Gravatt Can Serve in the Senate.
REVIEWS THE MATTER AT LENGTH

bent. and DR. &. l. Gravntt. of ,nrnliu,,
II growing I'm interest almost every ,i,v
and IT has many distinct teatun.-.
IL will be recalled that DIR. Grtvntt's
ehglblllty To seat in the S-nat,. has
been Questioned ON the ground that h,. il
u retired naval officer and this question
has been freely discussed in th.. district
anu through the press. An interesting,
correspondence with reference to- tl,. mar
To- Is IN progress between Hon Hill Car
Ter, oil Hanover. and Mr.. A. b. Chandler
"i caroline. They have written each
other several letters setting ont their
respective views at length They Ar,
pom strong lawyers. aud seem To have
looked lar into the matter. Mr.. carter
takes the ground that Dr GrRvatt l. in
eligible, and the opposite view - held hy
Mr.. Chandler.
WHAT MIR CHANDLER SAYS
here Ia "a communication from Nc
Chandler, addressed to The Times Dis-
patch, IN answer to Mr.. Carter's last
letter:
"Inasmuch as the contest daily grows
more Interesting between Messrs. Nirk-
ham and Gravatt for "A seat in the me-,
Senate OF Virginia, and inasmurh ns tn.
question of the eligibility OF DR.. Gr.vaft
has been raised 10y the friends ol Nj
Nickham aud discussed moreorl rssf ON
several sources, | beg "A short space ilt
your columns Tor the presentation nf my
views ON the subject; and while do not
natter myself with theeNcellency of lrnru-
lag or wisdom, having once entertained
different opinion from that In,,v hnlj
and having been converted To NV ms.
ent opinion by "A distinguished attorney
and member OF the Constitutional tam.
venton, my conversion was genuine. nnd
believe, sound aud substantial First
'heh, "t us consider the facts ~ to the
present status ut Dr. Gravatt towards
the Federal government TheSear., th,,r
he was one of fifteen medical directors nf
the navy. who are from time To time r.
tired from the serNi ice of the government
either upon reaching n certain aye limit
or Tor physical disability. and when re-
Tired receive from the government during
lille certain amount of money or per
cent. ot " hat they received while in the
service; In other words. are pensioned
lhey are liable To be called ngain into
active service on two coincident condi-
lions: First, should the exigencv of the
service demand il, and, second, should
they be willing To return. The above are
the iacts and requirements of the Federal
statute. Now, second. what are our
constitutional disqualitcations2 Section
~ oil the Constitution provides that "no
person holding any office or post Of Dro-
mt or emolument under the United States
government. or who il in the employ-
ment oi such government. shall beclig;hle
To either house"
From the facts above no ono will con-
tend that DIR. Gravatt il in the employ
ment oi the United States government AT
the present time, and have seen NO con.
tentioh To this effect. DR.. Grnvatt l.
performing no service for the govern.
ment, but is living on his farm in Caro-.
line. doing some very progressive farm.
ing; and therefore it only remains Ia
answer the question, does ne now hold
an Office Of profit or emOlument. or does
he now hold post of profit or emolu
nent! lie does not hold the office or
post he did hold ~ u medical director
IN the navy, because he has been r-tir, q
from that office or post, and the Office or
post he did hold is now being held hv an
other man. and that other man IL r.
ceiving the profit or emolument ut
tached To that office or post, and il il
surely illogical To say that two men can
and do hold the same office Or post at
one aud the same time. aud receive the
proht ana emOlument incident To the
same. think the opinion heretofore ex-
pressed by IA learned member of ike Con
sututiOnal Convention, that in order Ia
he disqualified under this clause of the
Constitution, the party must be at the
time OF his election holding an Office or
post OF profit or emolument, aud receiv-
ing, by virtue of such office or post. the
proht or emolument attached to the
same, is sound. He must Ice both hold.
ing the Office and receiving the emolu-
Inent, and when he has retired or been
/ rlfl r.4sI ron H.. .fff. 4 =
he is not disqualified simply because he
receives some emOlument from the gov
eminent. The Constitution does not dis
qualify those who once served the uov-
eminent, and who, though not now serv-
ing II. are nevertheless liable to be called
To Its service. II il did disqualify all such.
every pen-iOned veteran of the Civil and
spanish Wars would he prescribed and
disqualified from serving in the General
Assembly of Virginia. There i no NOR.
obligation on DIR. Gravatt To re-enter the
service oi the government than attaches
to every citizen of his age, and in his
case, not so much, because. having once
served his government, the law eN-
pressly provides that he can be- called ON
again only 10y his consent
Again, To show he holds no office
now, he, when in the service was re-
luittu ~ NtAI the unllOFiu pi Ills rank
while now, having left the service. he il
expressly prohibited from wearing said
uniform. Another illustration: The Jus
tees of all the Federal Courts, " hen they
reach a certain age-limit, are retired or
can retire from the bench. aud when r.
| tired, their places are filled by other me !.
DO these retired judges still hold uiiics.s
or posts of profit or emolument under
the Uuited States The do not; their
places are held by 9th r., who draw the
salary of the Office; while these retired
lurists are still kept on the psy-rOlls of
the government. and receive such emolu
ment rs is attached To such and provided
by law. There il no law " hich saws
they shall never serve their country
again, and emergencies might arise in
which they would he recalled To do 40.
conclude, that in my opinion there is no
constitutional difficulty in the way of
the election of DIR. Gravatt to the Sen
ate, AID il elected. il is quite sure that
the Senate OF Virginia, which is the sole
Judge Of the election, qualification and
returns OF its own members. will not
only not unseat him. but will welcome
him To his seat, and that he will make a
most valuable m-mber Of the senate.
No voter who would Otherwis, prefer
DE-. Gravatt need hesitate To vote for
him for fear he may be unseated.
"A. b. Chandler,
Bowling Green, Va. July 4, 1907"
-RichmnuI TiUas- I,isr..t.h