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About Herald and news. (Klamath Falls, Or.) 1942-current | View Entire Issue (June 26, 1963)
Barry Asks Inquiry On Conflict Of Interest Question Washington iuph - should a pimple change of hats be sufti ciint to convert Sen. Barry Goldwater and Rep. Carl Albert into Ma. Gen. Goldwatcr, USAF, and Col. Albert, USA? The question involves possible conflict of interest and the mean ing of the United Slates Constitu tion. Also involved are 175 other members of the House and Sen ate who, with Arizona's conser vative Republican Goldwater and Oklahoma's House Democratic leader, have retained commis sions in the armed forces re-nerves. Can these citizen - servicemen properly lead a double life, sand wiching drills and occasional! tours, of. active duty between votes on weapons authorizations, defense budgets and military pay raises to which they may bccomci entitled Asks For Inquiry For his part Goldwater has asked the Senate Judiciary Com mittoe to look into the whole question. In that request he has been joined by Sen. Strrfm Thur mond, D-S.C, who is Maj. Gen. Thurmond in the Army Reserves. A similar study has been re quested in the House by Rep. Gerald Ford, R-Mich.. who re cently resigned a commission as lieutenant commander in the Na val Reserve after a period of in activity, and Rep. Richard Boil ing, D-Mo., who is the holder of a commission as an Army lieuten-l ant colonel. Recently published newspaper stories (particularly in the S c r i p p s Howard newspapers) have focused congressional at-i k nil 1 1 m l . h n il h' -l i MIL' VM CONFLICT OF INTEREST? U.S. Sen. Barry Goldwater I R-Ariz.), a major general in the U.S. Air Force Reserve, strolls along the Berlin Wall in this photo. The question ef conflict of interest hat been raised in the case of Goldwater who is alio one of the too Republican presi dential hopefuls for 1964. UPI Telephoto tontion on Hie "compatahility" of congressional office and reserve military rank. However, Goldwa ter told tile Senate recently that he has been arguing the issue with correspondents ever since he first became a senator. Article I Cited Article I. Section 6, of the Con stitution says: No senator or representative shall, during the time for which he was elected, be appointed to any civil office un dcr the authority of the United States, which shall have been created, or the emoluments whereof shall have been 'in creased' during such time; and no persons holding any office un der the United States shall be a member of either House during his continuance in office. Also under the Constitution, the Senate and House are the judges of their own members, and the rulings on members in service have been uneven over the years. In 1861, according to Goldwa- tcr's research, the House ruled that a man was "not entitled to his seat since he was mustered into the military services of hte United States." Again in 1901 ref erence was made to a bar against active members of the military service serving in Congress. Seat Declared Vacant In 1916 the House Judiciary; Committee decided, after a thor ough study, that scats of mem bers of the House who accepted commissions in the National Guard (there was, then, no Re serve) would "at once become vacant." In that 1916 report, however. the House Judiciary Committee quoted in a Supreme Court find ing that federal "office" within the meaning of the Constitution involved duties which are "contin uing and permanent, not occa sional and temporary." Moreover, Congress, by its own action, has provided that a mem ber of the Reserves or the Na tional Guard is not considered an officer of the United States even when on active duty for training purposes. Congress also has provided spe cifically that members of the Guard and the Reserves can hold civilian government posts and col lect pay from the federal gov ernment for both jobs. 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