Evening journal., 1914-09-30
Eligibility of Cooper and
Swan as Lawmakers Questioned

are of the opinion that the de-
termination of this principal ques-
tion of law is immaterial In the
present case, inasmuch as the
House has the power, If it chooses
to exercise the same, to adopt
whichever line Of decision it may
approve Of.
We wish to say that we have
in the preparation of our views
upon the questions which we have
herein before discussed, had the
benefit of consultation with all
Of the Law Judges and with the
Chancellor of the State, and that
the views herein above expressed,
are in all respects endorsed by
said Judges and Chancellor.
Respectfully submitted
JOSIAH o. WOLCOTT,
Attorney General.
II. H. WARD,
T. B. HEISEL,
Revised Code Commissioners.
Discuss the Opinion.
After tne opinion had been read by
Mr.. Ward there was a general discus
sion of the subject.
Representative Grantland asked
whether it was necessary for the mem
bers who resigned their Federal posi-
tions to furnish conclusive proof of then
resignation.
Mr.. Ward said he thought all thai
would be necessary would be to show
that the designations were rendered.
Mr.. Hoffecker asked if anybody knew
that Mr.. Swan had resigned, as Mr.
Swan had told him on Monday he haC
not resigned and did not intend to.
Speaker Holcomb said he had seei
Mr.. Swans resignation, addressed t
the President of the United States. II
did not say when he saw it. Mr.. Swal
was not at the morning session.
Speaker Holcomb asked Mr.. Ward
the facts that the representatives wer
sworn in and served at the regular ses
sion did not make them de fadto mem
bers of the House.
Mr. Ward replied that they would b
, de facto members, but as a questio
had been raised it would be better I
take formal action to establish tn
House membership and remove doubt.
Representative Mooney raised a poin
that the resolution requesting the law
yers' opinion merely requested informa
tion and did not question the eligibilit
of the members.
The upshot of the discussion, whic
was to obtain information, rather tha
antagonistie, was the opinion read b
Mr.. Ward and was adopted unanimoui
". Representative Grantland then o.
fered resolution that a committee
five be appointed by the speaker to il
vestigate and report upon the questio
of eligibility of Representatives Coop'
and Swan.
DR.. Cooper protested that the resol
tion would take out of the speaker
hands the constitutional right he po
sesses to say who are members of Il
House.
Speaker Holcomb said if he had
rule on who constitute the membersh
he would rule that the men who
names were on the roll call last sessi'
were members.
Mr.. Grantland explained that his ol
iect in offering the resolution was, as
had said on Monday, to put the enac
ment of the revised code on a firm b
sis. He said his object was not to d
prlNe any mcmDcf OF MS eedl Dub
remove any doubts as to volidity
legislation. Mr. Mooney suggested tn
the resolution be referred TO the col
mittee of the whole and Mr.. Grantlai
said he was willing. Mr. Mooney, aft
a consultation, withdrew his mott
and Mr.. Grantland's resolution W
adopted.
Speaker Holcomb appointed Repi
sentatives Mooney, Hammond Over
Grantland and Pool as the commit
to report upon the membership of !
Cooper and Mr.. Swan. They viii repc
this afternoon recommending that t
two be formally declared members.
Would Do Away With Offices
Representative Hofecker offered
resolution setting forth that at the s.
cial sessions in 1905 and 1906 it !
been deemed necessary for the House
be reorganized and providing for the
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