Evening star., 1921-08-17
CHOICE Of LODGE
RAISES OLD ISSUE
Question Whether Senator,
Under Law, May Sit in
Arms ParIey.
BY DAVID LAWRENCE.

Is Henry Cabot Lodge or any other
member of the Senate eligible to rep
resent the executive branch of the
government in the Forthcoming ne
gotiations with other governments
for disarmament and the settlement
of far eastern questions?
Constitutional lawyers point out
that there is a clause In the federal
Der of the Senate or House ineligible
to hold office under the orders Of
the President without resignation of
his seat in the legislative body.
Here Is what the federal Constitution
says under Article I:
during the time for which he was
elected. be appointed to any civil
Office under the authority Of the
United States which shall have been
created or the emoluments whereof
shall have been increased during such
time; and no person holding any
Office under the United States shall
be a member of either house during
his continuation in office"
Purpose Of Article Explained.
The purpose of the foregoing article.
as explained by the constitutional
lawyers. was to effect a complete
legislative branches of the govern
ment. When President Mckinley ap-
pointed Senators Frye of Maine, and
Cushman Davis of Minnesota. both
republicans. to be members of the
American peace commission which
negotiated treaty at Paris whereby
the Spanish American war was con-
cluded the point was not raised until
after the treaty had been signed.
Then debate arose in the Senate as
to whether members of the Senate
who had temporarily served with the
executive branch of the government
had a right to vote as members of the
Senate to ratify that same treaty.
So much weight was attached to
the controversy that when President
Wilson was urged to appoint some
members of the United States Senate
mission at the conclusion Of the Eu-
ropean war he called for an opinion
from the lawyers of the State De-
partment. and they brought out the
fact that the Constitution would
seem to make such a choice inad-
visable. President Wilson, therefore
did not appoint anybody from the
Senate.
Question Without Precedent.
The question will probably arise in
an entirely unprecedented way when
the disarmament conference is in
progress, for Senator Lodge or any
other senator appointed to serve on
temporarily appointed minister pleni-
yotentiary on behalf of the United
States government. subject to the IN
structions Of the President and the
Secretary of State. while at the same
time there will be debates in the
Senate in which Mr.. Lodge. as chair
man of the foreign relations COM
mittee, might be obliged to partici-
pate.
There are those who claim that
would be eligible to serve. even if
he resigned from Office temporarily,
as tie Constitution says no member
of the House or Senate can be ap-
pointed to a civil ONCE during the
time for which he was elected" Some
resignation would be ineffective and
that a member of the Senate or
House would have to wait till his
term actually expired before accept
ing office under the executive branch
Knox resigned his seat to become
Secretary Of State in the Taft cab
met his salary was automatically
increased. but it was found that he
could not accept the increase be-
cause it was granted during the term
for which he was elected.
Administration's Part Delicate.
There has always been a good deal
of controversy over the subject Of
usurpation by one branch of the gov
ernment of the powers of the other.
and in the handling. of foreign at
fairs a particularly ticklish situation
fas been confronting the Harding ad
ministration. Congress insisted on
the right to make peace by resolution,
and even to indicate in that resolu-
ton the basis under which the efec-
utive branch of the government
should negotiate peace with Germany.
The movement for disarmament
conference started in the Senate with
Mr., Borah Of Idaho. TIE sentiment on
Capitol Hill is in favor of Senate par
ticipation alongside the executive in
all important understandings with
foreign governments. whether or not
they require ratification by the Sem
ate. 1t Is not unlikely, however, that
a fight will be made in the Senate on
the question of the right of tfe chair
man of the Senate foreign relations
committee or any other member of
the upper house to sit in a commits
sion under instruction from the exec
utive branch of the government.