The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-08-28
Army Officer
MayLose Seat

''''' '.' - 'N. ''.'-
er n member ~ '"uHross may r.r'o
also In the officers g.soryc Dorya -
the army is D.. Dbl. determined n, Tho
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report iI'm lN' |HIi .'IN committee
Of the house. In th. meantime. the
netrLerehtn a. It.... a. rryy,,sIl ,f
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ONO d.H'r,' in ."'H''fs. s''HHs 'F"-
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t"ui.nn N". I...i ." h.H u.'a
botaNII .. 'N. ..II.''f r'7'I'u .'. .'
There a tu penalty u 'nu h.u.a
ut i,.I, .,......u. f.T tUa.u.r. and
matl m,mlr" p.. nu.u' f.r lurs
periods u. Um. without lup .spIl
nation Hut ... .IumI. ID m,ulcr
asks faI l.f,u Yl .iH.H., fora stated
period. r.I ~ 4. EfIufII without
question Whom Representative IIt,.
gerald vNa ordered iu Camp Knox.
Ky. 90 ..rNc u. H mrmUur of tho
officers reserve r.rla ur tho army
FOR ono month. and ID h,nto Of abb.
ECnrc vH. igu..tti fur him hv
Representative F,w pt ohio. tho
question i.W Hrusr NJ 90 whether
any power tN.Hfa tu tuka o. member
from his Iuiica Iu tho house ~ rcp-
roEcutatls,S and send him tu mill
iary camp. iu time ot peace.
Objection was made 90 granting
the request. which resulted. after
several daFs ~ confederation. I'm the
adoption Of q resolution inWrurtiug
tho committee uu tho Judiciary to as.
certain Hud report 10 tho house
whether any member ot tho house f.
.t
an officer ir jhc service of the army
Of the United Staten; and n so,
whether the holding o' such COM
mission yncatos the seat ~ the mem
Der holding the Enmc. Tho matter In
now before the Judiciary committee.
quite u number OF members ~ the
house, Homo 30 or 30 I'm an. saw
active service during the world war.
and Il ia believed that perhaps
others. in addition tu Mr. Fitzgerald.
may now hold commissions IN the
officcrs reserve corps. which, under
the army reorganization act, is an
actual part Of thc army So that the
Investigation may affect others than
the on" member from Ohio and may
utfeCt the eligibility uf more than
ono member tu mumbcrshIp In CON
Gress.
Mr. Fitzgerald. as a reserve Off
Ger was called by the war dorart.
ment to active service for the month
Of August lie would have bocn
subject TO court martial proceedings
81 he had declined to obey the or
der Had he proceeded quietly 80
absent himsolf from the house, he
might not have been missed, and
certainly no one would have had
L, sI,.h 30, i.,t, l,t. .l
But, whom attention was called to
the reason for hts absence, and It
was explained that he had bccn or
dcred ny the war department To re-
port for army duty although mcm-
Der OF congress. the house immedi-
stely felt It It's duty to investigate
the situation.
mo person holding any office un-
der the United states shall he "A
member of either house during his
continuance In office" is tho Ian
guage OF the constitution OF tho
United tSates with respect 90 the
matter. Acting under this provision
of the constitution. the house. or it's
committees, have held member
who was appointed militia officer
in the District OF Columbia, and
members who have accepted com
missions In the army, 20 he disquali-
fled to serve as mVmbor OF tho
house.
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