The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-08-18
|Can Senator
|LodgeSerye?
Interesting Question Arises
When He Is Named AS
Disarmament Conference
Delegate.
BY DAVID LAWRENCE.
(CopyrtSht BY TIE lntei!geneer)

Washington. AUG lis Henry
Cabot LodSa or any other member OF
the scnat" eligible to represent the e1-
ecut,y~ branch ot the ovcrnmcnt in
tho forthcoming negotiations with
other 60, crnmcnts tor disarmament and
the settlement ot Far Eastern ques-
nons"
Constitutional lawyers point out that
there is A clause IN n" federal consti-
tuition which nrah"S any member OF the
senate or the house Ineligible to hold
oHlce under the orders ut the president
WITHOUT resignation OF their seats In
the leS;S'StiIe branch.
Here : WA: the federal constitution
saws vr,!C~ a-;:C,c one:
No s"-A.>- - representative shall.
Av-,~S - -. - phIEh ne Was elect
g ~ a~Sc ~'g& :" any civil ONCE
,,c5c- t1H aG;No-I:y ot the United
States vNlcN >NA3. hsNe hcea created or
he eriaju-rc1tS uNerrc. shall have
eet- .2c-essst 4a-.-S such time. and
- ?e-Son h9'Gl-S s=y ovlce under thH
Cr!tsd S:s's> >Ha1 - member 81
either house DIR -s his continuation IN
cr,es-
The r1-rcSa Il :As foregoing article,
as eSpla:rei oy the constitutions, law
y-erS. was - eceC; \ comrlct" scpara
ton eetw-en the executive and l-siSIa'
I've branches OK the Eovernment, When
President Mckinley appointed Senators
frye Of Maine and CuShman Davis ~
Minnesnta. both Republicans. 70 be
Members nt the American peace com
mission wh:ch negotiated treaty a;
Paris whereby tho Spanish American
war was concluded. the point was not
-atsed until after the treaty had beer
signed Then a debate arose in the
senate as to whether members or the
senate who had temporarily served with
he executive branch OF the government
rad a right 20 vote as members OF tht
senate TO rat!fy that same treaty,
wilson's Attitude
So nurh weight WAS attached n ne
controversy that wh~n ircsihcnt VII
son was urged 70 appnint some members
Of the United States senate 70 serve or
me American peace commission at th'
conclusion of n" Ear" 2ean var. b
called for an cP:n'o1 from he IaTysrl
~ ,Sc s,ate e5S-.Ten 4St ca.7
h--.gl; q. ,S. tact thai ;hs ccaSt---
,r1 would seem &C make sUcH c5otce
.-,d-.,saN's H--s!ts7- Ttisco :her--
..-- ~, srpoEr aaysoty rom TIE
...--:.-= -, 2-~5ls,r l-,+- =
=. -.-s.. --%-.s..e-:ec3 "A. S='- -
.::-.,-,.r,>7- conferences - - - "a
f-r S.aa',- lodge or aa~ c;ns- se-A:o'
.V?,f9;na - se-ve on ,hA c-ss tea: s
T. rrr,..s:ea x,,l De Temporarily APPOINT
o. minister 5Ien:aotenc:ary OF Behalf o:
The United S:a.eS government subject
70 the instructions os the president and
secretary ot state. while ~ the same
time there vii! &c debates n the senate
IN which Mr.. Lodge. as chairman ot the
foreign relations rr,n!ttee. might b.
Obliged 70 ra-t!ciTate.
The Case OF Knox-
There are those pn7 claim that ne
member e ihc p-"sea: senate would ot
sl;-ihln - serve aia1 = h. resigned
from ofr'v- temporarily. as the consti
tuition SAYS =" lDart"- "t :he house ol
senate can b. appointed l" a civil Office
'duri7: tho time for which he was
elected Some haze construed this &c
mean tha, resignation would be ineffec-
tive. and that member OF the senate
or house would have t. wait til HI.
term actually expired before accepting
r'Sicc under the eIccut!v" branch OF the
rove-nmeat. When Senator Knox re-
n tho TAFT cabinet. his salary
automatically increased. but Il wa.
.I tina, ne could not accept the in
.lSc because u was granted during
;ac term for which he Was elected.
There has alwayS been a good deal OF
controversy over the subject OF uSurpa'
ton by one branch OF the government,
Of the powers ot the other. and in the
handling ot foreign affairs a particu-
larly tickltSh situation has been con-
fronting the harding administration
ConsHcss insisted on tho right to max
r~ara by resolution and even TO indicate
IN that resolution ia" basis which under
which the executive branch Of the gov
s-rment should negotiate peace with
Germany The movement for a d:sar-
rramcnt conference started in the senat te
With Mr. Horah Of Idaho. Tho senti-
:~ert on capitol Hill Is IN favor OF
snna's participation alongside IN" ex.
e"u,lyp IN all important understandings
With foreign governments whether or
~: thcy require ratification By the sen
ate. II ~ not unlikely. howc:cr. that a
{ gkt viii bo mad ~ tho senate on the
question ~ n" right OF tho chairman
- -" s@rt'' '"-"'En relations commit
're - any other rr"rh"r of tho uprc r
it,I,r - So - = commas on under
rStru,t.,r -,'~ 80 cAecuIt,c branch
ct .hr g, o-rr. 1i