The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1861-08-03

bring scarce Of suitable timber out Of
which to manufacture District Attorney,
made no nomination Tor that Office, but
lrfG the same open TO be filed by. their
Central COMMITTEES. This COMMITTEES,
subsequently, acting under high legal au-
thOFity from below-nS We are informed
6llsd out their ticket BY placing upon Il
tho name Of Mr.. }. @. Eastman, q legal
gentleman ct present residing at George
town, AZ candidate for the Office Of District
Attorney. This action Of the COMMITTEES
gave rise to the questions-Who Is East
mani where did he come FRONT and how
long has he been hereI These quesiions
We are, at length, enabled to answer sat.
isfactOrily, or, at least, sufficiently 90 to
suggest the inquiry placed at the bead Of
this article.
Mr. Eastman Is . young man Of respect.
able talents, and q member Of the legal
profession, but whether possessed of much
legal learning or not, we are not Informed.
We understand, however, that he has had
but little practice or experience as y law
yer. He came to California from the State
Of Ohio, about three and shalt months
ago, and soon thereafter quietly deposited
himself and carpet. bag at Georgetown,
at the suggestion, sans doubt, Of some oil
the Republican leaders Of San Francisco,
who seem to have lately discovered that
there is paucity Of Republican talent in
the county counties Of the State (uilI
speech Of Mr.. Fry, at the County Repub.
lican ConventiOnl Mr.. Eastman il en-.
dOwed with q reasonable share Of what
Chesterfield calls suGriter in m0do, dresses
gentcely, carries cane, and wears whitt
hat, which last popularity inclines US "a
the opinion thai he is Republican Of the
Horace Greeley school.
Having arrived In tho State but three
and a-half months since. it is apparent
that Mr.. Eastman, on the day If the nert
election, will not have resided in the State
six months, but win have done So by the
first Monday In October, at which time,
il eligible and elected, he will take pos.
session Of the Office Of District Attorney.
Such being the facts. can Mr.. Eastman, II
elected, legally claim and enjoy the Office
for which be has been nominated! or. in
other words, is he eligibIel
This question has been and is being
considerably discussed among tho people,
and. 10 our surprise, there seems 10 be
some diversity Of opinion in regard to it.
Whether Mr.. Eastman IL eligible or not
ought to be determined to the satisfaction
Of everybody, before the day Of election ;
otherwise, thnse who vote for him may
throw away their votes, practically, and
thereby secure the election Of man who
may not be their second choice; or, still
WORSE, if Eastman L. elected, defeat an
election entirely, and leave the Office either
vacant or TO be held for another year by
the present incumbent, which last would
not, however, IN our judgment. DO an
event much to 10 deplOred by the people
Of the county.
These considerations have induced US
to examine the question Of Mr.. Eastman's
eligibility, for our own satisfaction as well
as that Of others who desire to DO cor.
rectly informed upon the subject. and we
are fully satisfied that Mr.. Eastman is not
eligible and cannot hold the Office Of Dis
trict Attorney, il elected.
The test question. as to Mr.. Eastmah's
eligibility. Is this-at what time must the
six months rCSidence. required by the
Constitution. have expiredl Must ii
have expired before the dry # election,
or Is It sufficient il it has expired before
the day upon which the functions Of the
Office are TO be assumed?
Our answer to this question Ii, that it
must have expired before the dug Of cleo.
ton.
The law upon this subject, instead Of
being In Obscurity and doubt. is plain and
"xplicit. The statute concerning cleo.
tons (sse Woods Digest. page $50, arti
Gle 9l6S. section 81 } specifies the grounds
upon which the right Of any person de-.
clarvd duly elected to any Office may be
contested. The Second ground specified
is In tho following language: "When the
person whose right to the Office is con
tested was not at the time Of the election
eligible to such Office" This language
is explicit, and, had tho point never been
decided bv the Courts, would not admit
# doubt. But. fortunately, We are not
compelled to rest our opinion upon the
statute only. The point came directly
before the Supreme Court. in the case Oi
Searcy %. Grow. reported in 18th Califor.
MIA, at page III. Grow was elected to
the Office Of Sheriff: On the day Of his
election no was holding the Office Of Post
master the "compsnSation" exceeding
five hundred dollars-and therefore, un.
der the Constitution, mot eligible to any
civil Office Of profit under this State"
See 2lst section Of the 9Th article Of the
constitutional After his election. and
before the timO for his qualification AZ
Sheriff, he resigned the Office Of Post
master and claimed that of Sheriff, hold.
ing that 1t was only necessary for him to
DO eligible at the time Of his qualification.
The Supreme Court, however, held 9th.
erwiSe. The opinion was rendered BY
Baldwin, j.; Cope, j., and Field, C. j.,
both ccucurring. In their opinion, the
Court uRo the following IanRuaRa: