The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-11
ANSWERS Mr.. HILL CARTER
Reviews Matter at Length, and
Says Retired, Naval Officer
Is Eligible.

i [
eligibility to a seat IN the senate nus
been Questioned on TIN. ground. tnal
he is a retired navnl ofitccr, ana ttn,s
question has been treftS n isess
TIC district and through the press.
An interesting correspondence with
reference to the matter Is IN progress
between Hon. Hill Carter, OF Hanover,I
ana Mr.. A. B. Chandler, of Caroline,
TEny have written each other several
iletters setting out their re apec.lve
views at length, and these nave poen
printed. They are both strong ~
rnrs and seem to have looked tar
~ : .+ha matter Mr.. Carter takes the
Ground that pr, Gravatt lie inellginle,
and the opposite view is held pS M'
Chandler.
what Mr.. Chandler says.
Hera Ia communication from Mr.
chandler. addressed to The times
Dispatch. in answer to MI. carter
.,Inasmuch as the contest daily grows
,,,ora Gint eresting between Messrs. Wle en-
ram and Gravatt for a seat IN .i w.
next Senate of Virginia, ant ina ,s
Az the question OF the ellgipill1y ~
| DR.. Gravatt has been .raisea 10y 80
friends of Mr.. Wickham anu u's.a
more or less from several sources.
hog n short space In your columns tor
Ithe presentation OF my views on the
e,,l,iect. and while do not tatter my
self with excellency OF learning or WIS
dom, having once entertained az
| ferent opinion from that now holu'
and having been converted 70 my pres re
ent opinion NY distinguished aIlor
ney and member OF he&Constitutiohai
Convention. my conversion was gen
tuine and, I believe, sound and SUI
1 stanttal First, then. let us conslders
the facts as to the present status Oh
pr. Gravatt towards the Federal gov
/ eminent. These are. that he was one
! Of fifteen medical directors CT the navy,
who are from time to time retlrea
from the service OF the government.
either upon reaching certain age
limit or for physical disability anu
4 when retired receive from the gov
i eminent during life a certain amount
II Of money or per cent. OF what they
4 received while In the service; In other
words, are pensioned They are liable
4 to be called again into active service IN
two coincident conditions: First, should
!. tbs exigency Of the service demand It.
"A and, second, should they be willing to
!, return. The above are the facts and
!. requirements OF the Federal statute.
!, Now, second, what are our constitu-
! tfonal disQualifications? Section Al OF
4 the Constitution provides that mo per-
!, sion holding any office or. post OF
) profit or emolument under the United
: States government. or who Is In the
!. employment Of such government, shall
be eligible to either house.
From the facts above no one WI
contend that DR.. Grayatt is IN the EN-
pioyment OF the United States govern
: inent at the present time, and have
seen no contention to thia effect. DR.
& Gravatt Is performing no service fo
: tho government, but Is living on hi
5 farm in Caroline. doing some very pro
e Eressive farming; and therefore 1t onl!
i remains to answer the question. doe
: lie now hold an Office of profit or emol
: unlent, or does he now hold a post o
q profit or emolument? He does not hol
9 the Office or post he did hold as
: medical director in the navy, becaus
. he has been retired from that ofic
CT post, and the Office or post he al
!. hold is now being held by another maj
: and that other man Is receiving tn
= profit or emolument attached to tina
= :. office or post. and II Is surely illogics
- to say that two men can and do hpl
: the same Office or post at one and tn
= same time. and receive the profit an
q clnolument incident TO the same.
a think the opinion heretofore expresse
:. by a learned member OF the, Constitr
., tional Convention, that In order to
- disqualified under this clause Of tf
- Constitution, the party must be at II
U time Of his election holding an offit
10 or post OF profit or emolument ar
VI receiving by virtue OF such office
81 post, the aprolt or emolument attacht
IN to the same, Is sound He must ]
ut both holding the office and receiving IL
x emolument, and when he has retire
nd or been retired from the office, ar
holds no office, he Is not disqualiht
ne simply because he receives some emo
CT. ulnent from the government the GO,
. stitution does not disqualify those VI
= once served the government, and WI
Z though not now serving It, are neve
~ theless liable to be called to Its sc
ae vice If It did disqualify all sue
5R every pensioned veteran of the CT
dy and Spanish Wars would be proscrlp
"a and disqualified from serving IN
Ssh General Assembly OF Virginia. me
d. Is no more obligation on Dr. Grave
~, to re-enter}th the service OF the soys'
~ ment than attachescto every citizen
ss Ills age, and In his case, not SO nlu'
hrcause, having once served his gn
ma .ornment, the law expressly provo
mat he can be called on again OF
~ by his consent IA
~ "Again, to show he holds no DIN
now, he. when IN the service, Wa ., :
uuired to wear the uniform or ms raj
,e1 While now. having left the service.
ia is expressly prohibited from wear
liz said Uniform. Another Illustration:
IN justices OF all the Federal Cour
80 when they reach certain age-4Nl
z. are retired or can retire from :
iis. bench. and when retired, their plaat
~ are filled by other men. Do these
Il tired judges still hold offices Or 20 2,
~ profit or emolument under
aAF United States? They do not; tn
places are held by others. .w IN, az az
&G the salary of the office, while IN
retired Zjurists are still kept On
dy pay-rclls OF the government, and
ceiye such emolument as Is attaGi
3ss VI To- such and provided by law: tn
ia3E is no Jaw which says they shall nc
Idyi serve their country again, and en-
- renciey might arise In whilh u
ai.5 would he recalled to do so ] conclt
thur in4n,y opinion. there Is no 9
stitutional difficulty In she way =, OF