The river press. [volume] (Fort Benton, Mont.) 1880-current, 1883-11-07
FEDERAL OFFICERS AND THE CON
STITUTIONAL CONVENTION.

AL AMI THE CON-
STITUTIONAL CONVENTION.
Some question is being raised as to the
eligibility of federal officials and mem
bers of the last legislature to membe err
ships in the constitutional convention
next January. Marshal Botkin, Mr..
Gould, register of the land office at Miles
City, Mr.. Hunt, collector of customs,
and some four or five members OF the
legislature which framed the resolution,
are candidates likely to be elected and
will probably present their credentials.
The NeW North Vest, in ar editorial,
thinks the admission must hinge on
whether or not a member OF the con-
vention is an officer of the territory and
that it should be denied these gentle
men under section 1854 of the revised
statutes of the United States, on the
ground that such a constitutional dele
gateship is clearly inhibited. We think,
however, that the North Vest errs in
it's conclusions.
The authorities cited in support of the
position taken by Mr.. Mills do not sup
port it. We will give a few of the ex-
tracts published in the North Vest SIM
ply to show how strained Mr.. Mills
construction of the word "officeo is in
connection with membership of a con-
vention with no legal responsibility
yUhafcoovnr.
coffee is a position or station in which
a person is employed to perform certain
duties, or by virtue of which he becomes
charged with the performance OF certain
duties, public or private. The idea OF
tenure, duration, fees or emoluments,
rights and powers. as we'll as that of
duty.u-BmriW.
There is no tenure, in the legal accep-
tation of the word, or duration attached
to the position of delegate to this con-
vention, which is merely authorized to
convene and, as it were, to suggest a
constitution to be voted upon. A dele
gate has no real power, nor is his posi-
ton continuous. It lives only with his
individual holding and ceases with the
adjournment of the assembly.
can office is a public station or en-
ployment, conferred by the appointment
of government. The term embraces
the ideas Of tenure, duration, emolu-
ment, and duties."-6 Walt, 385.
The position of delegate carries with
it no emolument, nor are there any de-
fined legal duties laid down for the con-
vention, negligence in performance Of
which raises any legal liability. In
deed, the convention might frame no
constitution, yet have no responsibility
directly or indirectly for not having
done SO.
"Bouvier's law dictionary gives this
definition of the word office: "A right
to exercise a public function or employ
ment, and to take fees and emoluments
belonging to it,"
A delegate in no n exercises a pub
lie function any more than does a voter
at a primary convention, while he GER
tainly takes no fees, nor are there any
emoluments connected with the posi-
ton.
IAN office, such as legislators are for
hidden to create and then enjoy, is any
continuing charge or employment or
duty, defined by rules prescribed by
law and not by contract. o-Shelby & AZ
corn, 36 Miss, 273.
We cannot see how any candidates
are barred under the above authority.
There is nothing prescribed by law for
the proposed convention to do of bind
ing legal obligation after it is done. Its
members simply meet, as we have said,
and suggest. Their ordinances have no
further force than this. There is no
continuing charge or employment or
duty" required Of members.
I'm the abstract, the word office sig
| nifies a place OF trust. In legal idea, an
entity, and may exist, though without
an incumbent.o-2 Cal, 1872.
Is it not patent, too, that membership
of the convention is not in existence
without an observation-disclosures, that the
position is legally not an office?
In fact the whole discussion strikes us
as being Ga tempest in a teapot" This
attempt to bar federal officials and mem
bers Of the legislature from these dele
gateships is something that would be
laughed at by the members of the con-
gress that framed and passed the pro-
hibitory statute already. cited, were they
present and the question submitted to
them.
-
A TELEGRAM from Wichita, Kansas,
says that Nellie G. Bailey, the young
woman charged with the murder OF