Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1878-06-22
TO THE DEMOCRATIC VOTERS OF
LAFAYETTE COUNTY,

0S14 IL OoUN
In the issue Of the lntciligencer of June 18th I
find the following el.ctioneering communicu-
ton, written by authority Of my opponent.
Mr.. Arnold T. Winsor, AMI published to my
injury without any regard Whatever to either
the facts or la" Of til. case. ''Votcr," wIthou,
giving mt his real name, so that / may Judge
OF his legal abilities and attainments, takes
hold of constitutional law questions and decides
the case against me. Listen to Voter and
then read the opinion of men who are lawyers
and knotr what they are writing about:
THE sIRRIFFALTY.
EDITOR lNTELLIGESCKR: In selecting II can
didnte tor the sherItfalty OF Lafayette county 1t
would be we'll Tor the democratic party to look
to the eligibility under the new constitution Of
those who have announced themselves as cand,-
Article 3, section 10 of the constitution says
There shall be elected by the qualified voters
III each county, at The time and places of elect
ing representatives. II sheriff and coroner. They
shall serve for two years and until their success
ors he duly elected and qualified, unless sooner
removed for Inalieasance IN office, and shall be
eligible only TOm' gears in any perid Of sir"
Section II provides that this constitution
shall on and after the l3tn dav Of November.
1879. be the supreme law OF the state OF Missouri,
and the existing constitution shall thereupon
Cease in all lis provisions
tnder these two provisions of the constitution
Nj Aouniloy Is, evidently, ineligible for the
office of sheriff for the next term, he having
served fur years neat November; one under
the Old and three under the new constitution,
From Nov. u. l-75. the time the new consti,u-
ton became the supreme law OF the state of Mis-
souri,, : to Nov. IL, ISIS, would be three wears.
consequently in no sense could it be construed
that another term of two Years (making fve)
would be anything, else than a violation OF the
serve four years 4" any period Of sir"
The election would be cont, sted by the one
Receiving the next highest vOte-n radical of
course IN" triggers are already set to Catch us
II possible by the leaders Of the radical part Y,
VINO are ready to put in the man. rs usu al. not
receiving ii majority of the votes. VOTER.
Whilst | fully understand the object, purposes
and motives OF 'Voter', and whilst l know
that his communication unanswered is calcu-
lated to and will mislead the voters Of the
county. still l am glad of its sppesrance-giad
because US early as April of this year Il few like
'Noter'' who were and are opposed to nv re-
election, raised and discussed this same objec-
ton, thereby giving me notice of the objection,
rs well as the opportunity of taking The opinion
and advice Of lawyers of recognized ability and
integrity IN relation thereto. Accordingly
about the ist of April last I called on AR. W. b..
steele, he being acquainted with Attorney
General j. l.. smith, and requested Mr.. Steele
to write t" General Smith, asking his opinion
as TO my eligibility. The following ia the reply
Of General smith
STATE OF MISSOURI,
OFFICE or GENERAL.
CITY OF JEFFkRsON, April 8, 1873
w Il. STEELE, EsQ-DKAR SIR-Ip answer
to yours OF the End inst Will state that if
Mr. Mountjoy was elected shsriG of Lafayette
county in 1874, when the constitution of 1855
was IN full force, and reelected to that Office in
1876. l see no reason why he is not eligible TOR
another term. section ten OF article nine OF the
present constitution has reference only to cleo
tons which were to take place after tn. time of
lis going into effect, 70 that, at the expiration of
has present term OF Office. Mr.. NJ. will have held
tie Once but Two years under said constitution,
nnt sS .sitt -nfsfnp ,rn ,0 al. tl-. =
eligible four years in six" he can, of colIrs-
hold the Office for two years longer, If elected in
November Very Respectfully,
Thinking that 'Voter'' and tn. few who aide
with HIM IN this contest might possibly deny
TIE competency of the Attorney General of
tile stdteOT Missouri to pass upon ibis i'm por-
tdnf constitutional question, We submit the
opinions of some of our own best attorneys;
and the following Is what they say over their
own proper signatures:
LEXINGTON, Mo. June 18th, ISIS,
W. have been requested by Il. NJ. Mountjoy
to give a legal opinion as to his eligibility TO the
Office Of sheriff of Lafayette county for another
term. The 10Th section of article 8 oflhe present
constitution which took effect on the 3oth day OF
NOV, 1873, provides that, There shall be elect
Ell by the qualified voters in each county, at
me time ana places of rlectln, representatives,
a sheriff and coroner. They shall serve for two
Years and unit! their successors be duly elect
ed anu qualified unless sooner removed for
maiieasance in office, and shall be eligible
ohty T0mr years in any perjod of sir, 60,
&C. men the new constitution took eject
The OLD one became functlS oGicis. The period
during which Nr. Moun'joy held the Office OF
shtriu under tue oi.! constitution is not to be
estimated at all in considering his time of service
und'r the new constitution. The old instrument
does not form any part of the new Constitution.
Mr. MountJoy has served but two years under
the new constI,uti"n. II Is our opinion that ne is
eligible for two years more. We have read the
concur therein. WALKER FELL.
LEXINGTON. Mo-. June 18th, 1878.
AT the request OF Mr.. George NJ. Mouutjoy We
give the following opinion upon the subject mat.
ter involved:
Although the candidate who receives the great
EST numer of votes In any election may he NELL
gible AT the time OF such election. this does not
necessarily elect his competitor who 10 eligible,
votes. The officer must b. elected, and an cleo
tion implies that .e is chosen by the votes Of =
majority o: those Voting at such election for a
| .eiying the highest number Of votes was IGelIgi.
BILE, the votes Cast for him will still lie effective
20 far rs to proven It the opposing candidate being
chosen is the position taken by text writers
of recognized authority.
To say that u candidate who receives = MINOR
ity vote should in any case be entitled TO the
Office would be to defeat the intention Of the
election law. Our Supreme court saws, ito
eiac;at n = ed hss anir l1 am AN e tnn oihce
the ground that his competitor who re-
ceIved, perhaps, twice as many. was disuual-
flied, would not accomplish the will OF the cleo
tors. The object Of an election Is to ascertain
the choice of the MAJORITY
The question OF eligibility ia usually an Issue
to be tried between the elected candidate and the
stat. only upon al information of the Attorney
general, ia which case. If the elected candidate
who Is Ineligible is the former incumbent, As he
would be entitled to hold the Office untl his sue
cessor is duly elected and qualified, he could not
be removed, n, 4 failrre to elect does ma, create
n vacancy in the ethCe. which can be filed bv
appointment OF the governor.
In our opinion, il elected Mr.. M0untjoy will
hold the Office Of shori1 for the next term Of two
years. 4 +. ALEXANDER,
XENOPHON RYLASD.
FULTON. Mo-, June 18th. 1878.
GEO. NJ. MoUNTJoY, ESQ bear Sir:-I am
just in receipt OF your favor of the 18th, in