The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1878-01-28
DAVID HIGGINS.
Monday, Jan. %. 1878.
ELIoIBILITY OF DELEGATES.

Who may be members Of the Convcn-
ton, receives an explicit answer in but
one State Constitution OF Ken
lucky, of 1850. Article XII. OF that
Constitution requires that they shall be
possessed of the same qualifications as
q auslified elector."
In none Of the Acts Of the several
State or Territorial Legislatures have
the qualifications of delegates been spe-
si6sd. except in the following cases
The New York Convention Act Of 1921,
made eligible as delegates all persons
entitled by that law to vote for dele
gates; the North Carolina Convention
Act Of 1885, all free white men, Of the
age Of twenty -one years. one year resi-
dent in the State. and possessed of the
freehold qualifications required OF .
member of the House Of Commons un-
der the existing Constitution the
Pennsylvania Act of 1887, "no dele
gate TO represent any other district
than that in which he shall have resided
for one whole year next preceding the
election y the New Hampshire CONVEX.
tion Act Of 1850. any person who by
the laws of this State is n qualified
voter in the town or district in which
he may be elected the Ohio Conven-
ton Act of the same year. all persons
having the qualifications Of an elector
the Delaware Convention Act of 1852:
any white male citizen of the State Of
the age Of twenty.four years or up
wards; the Iowa Convention Act of
1852. all persons having the qualifics-
tions of . Senator in the General Assem-
oily the Maryland Convention Act Of
1854, all persons having the qualidca-
tions for seat in the House Of Dele
gates and tie Acts Of Congress author
ixing the Nevada and Nebraska Con-
ventions of 1864. all persons qualified
by law to vote for representatives to
tho General Assembly Of those Terri
tories respectively.
The Washington Territory act of
1877, ell persons having the qualifica
ton Of electors. aud who have resided
for the full term of two years in the
district for which they were elected.
It has never oeen denied that the
power existed in the several Legisla-
turss-State and Territorisl--to pre-.
scribe the qualifications of delegates.
and it is believed Congress has con-
ceded the exercise of this duty to the
Legislatures of the Territories, except
in the cases Of Nevada and Nebraska,
where it exercised that power in the en-
abliug acts which authorized the for
nation Of State governments.
That delegates to Constitutional Con-
vent;ons are Officers" and that their
function is an ''office," there can be no
doubt. = They are called upon to exer-
else the very highest form of lcgisla-
tive Junction.. e.-the framing the
fundamental law of an American State.
A member Ct the Legislature is as much
an Officer rs that Of Governor or
Judge or Sheriff.
IT this is true. as this is a new Office
created by act of the Legislature. it
follows that under the prohibition 10
the organic act, no member Of the Legis-
lative Assembly Is eligible to the Office
OF delegate. Tho same disability will
apply to persons holding Office under
the Government of the United States,
for the organic act prohibits them from
holding any other Office. At all events
It seems 1t would be wisest not to select
~ delegates. persons in regard to whose
eligibility there may be reasonable
doubt