The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-03-08
Controversy
On Members
of Debt Com.
By DAVID LAWRENCE
(CopyrtSht by Tho 1ntsulgencer)

Washt~s,aa March Sometimes the
American constitution = changed by
amendment and sometimes rs meaning
- ccSe.oped by legal Interpretation.
k'~esideUt Harding and tho senate are
n the midst OF a controversy which may
Jesuit IN AZ unwr:tten amendment 10
tNe constitution and may vitality affect
the constitutional system in the future.
\ sub-cVmulttec ot United States
senator's has just ruled that President
Hard!NS'S Apprentices - the allied tGnd-
ing commission. namely Senator SmHot
oS Utah. and Representative Burton or
ohio are ineligible t. hold office on that
commission because ot constitutional
prov ES!oU which reads as follows:
NO senator or representative shall.
duSiug the time for which he was elect
Cd. be appointed 20 any civil otace under
the authority ot the United States.
which sha! have been created or the
nmo,uments whereof shall have been IN
creased during such time"
The sub-co:r ua,ttee holds that tire ap-
po.utment Or Senator Swoot and Repre-
sentative Burton IS 70 a "c;v!l office
witch has heen created during the terms
tor which they wee elected.
Many Legal Opinions
LEGAL opinions galore arc being quot
ID on both sides o. the question ana
when Attorney Genera! pougherty wcnt
to the Cab!uc. -cc;'nc today. Re gave
what he termed a "cIrostoDe opinion
20 the etecr that l." believed the ornce
vas ore which hardly could come With
~ the meaning Of the constitution
s:rcc the action % the f"ad.NS commits
sion would after all De the action OF the
president lie admitted however that
he fact tha, both Mr.. Smo"t and Mr..
Rurtor were namej tcr Offices which By
act Of congress required conformation by
tho senate cid give the IMPRESSION "t 4
..:vil cfece though /; probably differed
"ror, what the trainers Of the cousttu-
.:"n had In mind.
Senator Braudegee oc Connecticut. Re-
publican, Joined with Senator walsh OF
Montana. Democrat and Senator Over
man Of North Carolina. Democrat. n the
subcommittee report which he'd MeSsrs
suoot and Burton ineligible. while SEN
s,o- CummIns Of Iowa and Sterling of
South Dakota. both Republicans too%
the other view.
This Is not new question. u came
IN during NcKinley's administration.
when Senator Hoar. Republican argued
.hat NJ. McNiHiev wa5 wrong n ap-
2oic,,rT members ur the ssuat" y neSo-
late trsary. K vas believed al 20
line tra, t,e occasion was a Sper;,I!
mo and that L would not become =
precedent But instead the Mchi2Isy
.ac,ior has been taken rs justfcat' ~
for tho appointment ot Senators Lodge
and Underwood 10 the executive COM
mission which negotiated the treaty A.
he arms conference. There Was l dis
,pte AZ the time D. 10 whether Mr..
Harding was violating the constitution
hut IL vas insisted that since TN" mem
5ers OF the commission did not require
confirmation by the senate and did not
receive any pay they hardy coI.d he
,a!ied ambassadors. Tacy occupied the
status OF senatorial advisors by virtue
- the sact that the advice ~ 'he senate
vas considered hy Mr.. Harding aS a
treaty making function.
Unforeseen Conntct
Now. howeyc-. tho desire cS NJ.
Harding s:ul further ~ please con-
gress hv glv:nE ~" leg s.at!vc branch
- tae government 4 Io'.:c n tho neGo-
cations whereby payments on the a.ii"d
war debt interest md principal ar" 70
ne arranged has d"vc.o?cd IN uH'or-
seen conflict os opi0.o1. Il IS devoid ~
partv personal :ee.,ac, however. and re-
Yo.v-S entirely u2"n -" question ot
whether che NW"r.,..0 "oHSut"to:al
system vi. permit a. cooperation
ac:wcen the !eg'slI;..S and executive
~ whether an ahso.Uts separation was
Intended by the fathers ~ the republic.
= is not unrelated c.'hc~ . dlsrusS'C
which ras been d"yr.aH.aG eTec s!uc'
,hr va that the CN"c.G~N SaoT,d he
more closely rrspn0S!h!c - th" e,ec-
,Orate during his terU. The objection
20 tho appointment o. senators anh rep
reserto,!ves on COMMISSIONS which are
directly managed by the president o: