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.
PAGE 8 HERALD AND NEWS, Klamath Falls, Oregon Wednesday, June 26, 1963
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