The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1878-11-28
4alo,ritomot pilot.
THURSDAY, NOVEMBER 28, 1875.
Is JOHN CAREL INELIGIBLE.

Is JOHN CAREL INELIGIBLE?
Some Of The republican papers are
gioating over what they claim to be the
ineligibility Of John Carel of kewaunee
to seat in the assembly. As the con-
stitution makes each house the judge Of
the elections returns and qualifications"
of its own members, and as the republic
can party IS in power, it is possible that
tie partisan members viii disregard law
and precedent and count Carel out. Just
ice is something which cannot be expect
ell Of republicans in view of Their actions
during the presidential contest of TO
4 number Of persons were elected presi
dental electors, on the republican ticket
who were ineligible on account Of holding
United States Offices at the time.
They resigned the United States Office
prior to the meeting OF the cleo
subsequent to their election and
toral college, and republicans successful
ly insisted that their ineligibility was
thus removed although the United States
constitution says in terms that no "Sena-
tor or representative or person holding
nm oIfiee of profit trust under the
United States, shall be appointed an
clector 1t does not state, shall not be
eligible to seat in the electoral college,
but shall not be appointed an elector.
The Interpretation put upon this passage
in the constitution, by the republicans is
still fresh in the public mind. Observe
how much more likely the passage quoted
from the United States constitution pro-
ficer to the position Of presidential cleo.
tor, than the following passage In the
state constitution prohibits the election
of United States officer as a member of
the state legislature The state cOnstitu
ton says: "No person being a member of
Congress or holding any military or civil
office under the United States, shall be
eligible to q &cut in the legislature. >"
Manifestly the United States constitution
prohibits the election of a United States
officer, and if he be one at the time of his
election, his eletion IS void and cannot be
made valid by a subsequent resignation.
The state constitution prohibits United
States officer from taking his seat in the
legislature. If he resign before taking
his seat the prohibition clearly does not
apply It has been held in this state
that where state citizenship is necessa-
~ qualification to holding an Office, that
Il person who is not citizen of Wiscon-
sin may be elected and if by the inter-
yention Of sufficient time between his
election and his assuming the duties of
the office to which he is elected, he be-
comes Il citizen, his ineigibility at the
time Of his election is no bar to his hold
ing the Office. The tenor of those decis-
ions goes to prove that these prohibitions
affect the persons right to the Office if he
is ineligible at the time when he is to
enter upon its duties, and does not affect
his candidacy. If the constitution con
GERS from being candidates for the legls-
lature, it would, use language expressive
of that intention more direct than that
no such person shall be entitled to 4 scat,
etc.
Beside, there have been q number Of
eases III which persons ineligible at the
ime of their election to Il seat in the leg
islature, have removed their disqualified,
ton, by resignation before taking seat
III the legislature and thus plao ed them
selves outside the prohibition mt the time
when it would apply. David Taylor was
Judge Of the 4th judicial circuit at the time
he represented the 1st senate district in
1856. Although the Constitution ex-
prcssly says in speaking Of judges ''They
shall hold 10 office of public trust except
judicial Office, during the term for
which they are respectively elected, and
all votes for either Of them, for any Office
except a judicial Office, given by the leg
isIature and the people shall be void -
The kewaunee Enterprise instances a
case III which Hon. j. r. Mcdonald of
Ahnapee represented his district in the
Assembly of 1868, although at the time of
his election he was United States Off
Ger. Hon. Thomas Baker of Praire du
Sac, was Il postmaster at the time of his
election in 1874, but resigned before the
Legislature convened and his eligibility
was not questioned.
Besides even if the Assembly should
in a partisan spirit declare Mr.. Carel in
eligible, it does not elect his opponent,
rs votes cast for an ineligible candidate
are votes cast against his opponent The
supreme court Of the state has decided
that If a greater number of blank votes
are cast, than any candidate for the office
received, there IS no election. As the
republicans can not gain anything 10y de
nying Mr.. Carel his seat, possibly they
may not raise The question of inehgi-
bility.
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TT makes all the difference in the world