The Republican journal., 1879-12-18
The Case OF DIR. Brooks, Representative
from Belfast.

1t is reported that no certificate of election to
the House will be issued to DR.. j. Ct. Brooks OF
this city, for the that he is Ineligible to the
office under the State Constitution lie holds the
office of L 5. Examining Surgeon and the Copsti
tuition OF Maine says that no person holding any
office under tie United States (post officers *
cepted) shall have "a seat in the Legislature The
words of the Constitution in Article ", Sec. ! /.
are follows:
"No member of Congress, nor person holding any
Office under the United States post officers excepted
nor Office OF profit under this State, justices OF tho
peace, notircs public, coroners and officers of tho
militia excepted, shall have a scat in either house
during his being such member OF Congress, or Iii.
continuing in such office"
| 1t will be remembered that Dr. Brooks has sat
one year IN the Senate and two in the House when
he was clearly disqualified under the State Consti
tuition. This well illustrates the disregard Of law
winch has prevailed in the Republican party. tPro
gresslve Age.
When Il man or It body OF men engage
in desperate undertaking, they are com
PEELED to resort to desperate means to
support them The above extracts from
the Age are eases in point 10 strength
en its apparent ease. the Age states that
Dr. Brooks has sat twice in the House,
which is untrue. He has Hfyrf been i
member of the House
The alleged disqualification Of Doctor
Brooks has not the slightest foundation
in fact. More than half a century ago.
when the Governor and Council Of the
state gave attention 70 their proper du-
ties, and when the iNtcyDFPfauOt{ of the
lo.,.,. -. a. .,,..
''"' was i''t !" Inc Nul'iFIilt oult' where
the Constitution places it, Chief Justirp
N.n ~
NiollcH ~" 'uSlI'tN iltplt dIlu weston
decided this very uupstinn INA n,,ininn
of the rourt was asked IN Govarno,. p,r
ris upon the following uuestion
Is the office Of agent under the resolve Of the
o sMl .nnan anth"t ~, ne Hoyetnor 70 app9ml
on the public lands and for other purposes civil
in Of article ,tb BART "a srrfn Iorh ~ t' ,b n'c
stitnnon, 5" that no Senator or Representative OF
pointed as agent
The rcasonn. Of the Court. orrupyiug
three pages nt the Volume. states that
There j, a manifest difference between an office
annrcbanI ,b9t rbn ,,r, [
ton Of a portion Of 'hr sovereign power To- and
and tie exercise 81 snrh bower within jc-aI Imit,
constitutes me correct discharge ot ihr duties NJ
sed. NAV be Il portion belonging sometime, 10 one
., 'nt fFt"' deFAFonenS ana sometimes To- anon
" exercised and ii Is effects it w..I btud I'M
'g> o. '1ntf> I'LL pe s"o'ect n Irvsloh ana
"n gT ON brba n liz s nrns "IJ h 1srH ag,>
sanction Is generally considered a. necessary to
nnb hid ID, pr Iaw lin '''' P"'
The Court roncludrs i, follows,
The CONCLUSION to wAichth foresoin. rea,on.ue
'o4uut'S rs We peneFe 20 De correct ana proper
anu S0I "''S-'H "HN"c lIle 'i"esI"l "hifh you
nave peeh PIe'Sed l" SuomIt 10 H> III the negative
This Settles the matter. AZ flr A. tia
state hl NiaAc II concerned. l.tt us now
sec what M, I4naI autbo,iti,.s vi .ba
'''
| nltnl States. 'hI,.I4S