The Washington times., 1916-06-28
Question of Duty Is
Nom Worrying Many
Members of. Congress
Those Who Hold Commissions or Have Formerly
Been Identified With Service Face Problem.
Precedent Shows They Must Resign
Legislative Jobs to Fight.
BY JUDsoN C. WELLIvER.

There 10 quite a long list of members
or Congress-most OF them I'm the
Housewife are doing quite a bit OF
worrying these days about whether
they ought to retain their seats, or re-
sign and so into the military service.
The number includes several gradu
ates of West Point and Annapolis. Off.
GERS of National Guard orga nizationr
former officers OF army or navy. and
a considerable number of veterans o.
the eSpanish-American war. Not near.
~ all OF them are under any obligation
for service; but there is general dis
arise.
Without much doubt, a call for vol.
unteers. possibly up to 10000. will be
issued within a few days following any
ave campaign In Mexico certain. Con-
united on this point. though there l.
wide divergence Of view as to tn,
real Mexican campaign will make 5oo,.
O0o troops necessary. Others think II
will be mere political play to call for
such q force. No difference. The be-
lief 10 almost unanimous. seemingly.
that q crisis will be followed by a cal,
Tor volunteers In big force.
One impression that would be highly
interesting IL the reasons for II could
De traced TO authoritative information
10 that Mexico will be made a pretext
for raising a bigger army than Congress
would authorize. because Of the feefs
Ing that Europe may present us with
condittons that will make such an
army highly desirable.
Personal Relations Interest.
Tie thing that interests legislators
most intimately is their personal rela-
tions to q big voluntee: or militia
army. The other day Senator Wads-
worth resigned as On officer in the
New York national guard because
he couldn't be Senator and soldier at
the same time. Perhaps 1t would have
SOUNDED fine, heroic and self-sacriflc-
ing II he had left the Senate and gone
off to fight But II wasn't practicable.
Too many political and. 1t might al
most be said. dynastic interests re-
Y',ired that young rIan just start
ing on a Senatorial term stick at that
post. The organization, the friends.
satellites and interests tina: rallied to
make him Senator couldn't hear of
his resigning. 1t woui1 have ccmpell-
ed the election OF two Senators in the
Empire state this year. with endless
complications Republican party lead
ers considered that assured Senatorial
vote vastly more important than any.
On the other hand Congressman n
Chiperfield of Illinois has announced
he viii resign from Congress to serve
with the guard. Mr.. Chiperheld is
been twenty years In the Illinois
guard; and Is now Judge advocate gem
eral with the rank of lieutenant COL
onei. He raised a regiment In the
Government. but 1t was not accepted.
Congressman Tilson OF Connecticut
has already Joined his command He
served in the Spanish war as an Of
foer, has remained in the Connecticut
guard ever since. and is now a lieu
tenant colonel.
Members Must Resign.
1t seems pretty we'll established by
the precedents that a member OF Con-
gress must resign IL he serves in the
army. or late some effort has been
made to vest this subject with mytery;
but the precedents make a quick end
to the uncertainty. The Constitution
says that NO person holding any Of
nee under the United States shall be
a member OF either house of Congress
during his continuance in office" A
Congressman or Senator Is not "an
officer under the United States:" he is
states. and not under 1t. But the de-
Sisions make an army officer an Of
fcer under the Government.
The decisions have been made by
House and Senate. Nobody else could
decide for them. because they are the
sole judges Of the elections and qualifi-
cations OF their members.
Away back in 1903 a member Of the
House allowed himself to be elected a
major In the National Guard OF the Dis
trict Of Columbia. This militia being
under the Federal Government, a oues-
ton was raised about his right to re-
main In Congress-. and the House unani-
mously passed a resolution declaring his
seat vacant
Status Was Different.
In that case the militia officer occu-
pied a different status than IL he had
been in a States national guard. The
District Of Columbia Is Federal terri
tory: but a State Is not II, then, he
had been major In the national guard
Of a State he might have continued In
Congress. But as soon as the State
guard Is mustered into Federal service
he must resign from Congress or from