The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-09-02

TO TEE GENERAL.
ASSEMBLY,


ELIGIBILITY TO TEE GENERAL
ASSEMBLY,.
The question raised in reference to the
eligibility of Bradley b. Smaley for rep
resentative from the city OF Burlington, in
the general assembly of Vermont is by no
means a new one. Although 1t may OF
may not be of any consequence in his par
ticular case--tbe election in his case being
undecided at the time of present writing
but the result of which will be found else
where--yct it may be well to examine the
ground of the objection, see upon what it
Is based, what force there is to 1t, and to
what extent, if any, it applies. The facts
and question in this particular case are
simply these Bradley B. Smalley is clerk
of the United States courts for the district |
of Vermont, and ing such is he eligible |
TO an election to and scat in the legislature? |
If it were probable that he alone was CON
ccrned in the matter, we might let it pass
rs the election will be over before this ar
ticle reaches our readers but, judging
from the past, the probabilities are that
there will be several representatives elect
whose real right to scat will depend up
on the proper determination of the same
constitutional provision. The twenty-sXth
section of the second article of our state
constitution, after providing that no
person d" shall be capable of hold
ing or exercising more than rne
of certain state or county offices
as follows: Nor shall any person
'holding any office OF prof. or trust under
''lc authority of CONGRESS, be eligible to
ANY appointment in he Legislature, or of
''holtIing any executive or Judiciary office
"uu,lcr this state 1t, probably, viii not
be quests ncd that Mr.. Smallcy holds an
''oflice profit or trust under the authority
Of congress- SO that the only question that
can arise will be as to the construction of
the words ''egibl 30 any appointment in
the legislature" We apprehend that this
is more of Il question fer phi 1iW than
judicial construction as applied 10 mem
Der of the general assembly, whether of the
house or SENATE, TIE same article of the
constitution gives to the house of represent
atives the sole right and power TO Judge
"of the elections and qualifications of their
town members" it being understood Of
course, although it is not so expressed that
they shall not violate a constitutional pro-
vision in so doing. The only method of
obtaining judicial construction on the
part Of the article quoted would he in ref
erence to the right of persons holding 'ofll-
ces of profit or trust under the authority
of Congress" to, also, hold ''any executive
or judiciary Office under this state" The
courts would decide this on a writ of ''Quo
,oarranto"- this would obtain n .ipdicidl
construction. The right of a representa-
tive elect to hold his seat, under this con-
stitutional clause, would be decided ny the
house of representatives from Whose de-
cision there would and could he no appeal
and this would be political construc,i ion.
This particular clause has been repeat
edly construed by our Legislature, and each
time in the same way. 1t has always been
held, we believe without single exception
when the question has been raised, that
the words appointment in the legisla-
ture extends to and includes members IF
the legislature. This, indeed, would seem
to be the only possible construction of the
clause, as it would require more than an
ordinary degree of credulity to conc Five of
our fathers believing it necessary to make
n constitutional provision that persons hold
ing United States offices should not be
elected or appointed clerks, doorlieepers or
messengers of the house And if the in
hibition does not apply, and was not in
tended to apply to members of the general
assembly, then its sole intention was to
provide in reference to the inferior officers
named. This would seem to settle the case
of Mr. Smalley, if it should ever come up
for decision: but it is not on account of
him that we speak. We are glad, how
ever. that the point has been raised, and we
trust that the next legislature will see to it
thos tohotitutlOhd plONlSlOH 10 StliNtiy
enforced. There has been, we venture to
say, not single session of the legislature
during the last fifteen years, in which the
provision has not been knowingly tram
pied under foot The prohibition extends
to and includes postmasters. A postmas-
ter, no matter how large or small may be
the perquisites of his office, cannot be q
member of the legislature. This is not q
matter Of opinion merely. 1t has been Sc
decided repeatedly by the legislature OF
Vermont. 1t really needs no authoriliyt
construction to make this apparent. 1t ap
pears upon the very face of the clause
is as plain as if the constitution said, il
such and 50 many words, no pOsImaste
shall be member of the general assembl,
of this state Yet point out to us a singh
legislature during the past fifteen year
that has not numbered among its member
more or less postmasters. We refer &
this particular class of United States Off
GERS, because it is in ;heir person that hi
part of the constitution is the most fro
uuenlly NlOlateu.
1t was not always SO. We can now re
call an instance in point. 1t was in iii
last years Of the wing party. i so hal
peDed that in certain town in this count
the voters were very nearly evenly divide
between the two parties. To commnn
success required the nomination Of t
mated. the contest close, In the year "
refer to, the wings were exceedingl
anxious, and for some special reasons-w
believe that United States senator was
be elected aud Rutland county was for ii
first time, TO present the name of Solomo
Foot for that position-to elect VIII
representative The most popular VIII