The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-02-01
- Ir CoSsTIrurIoNALg

DALLAS, Jan. 3i.-[EDIroR HsRALp:l-Ip
the HKsALp this morning In the legislative
proceedings Of yesterday, 1t Is said that an
amendment offered by tho senator from
Dallas 10 tho school bill was adopted, pro-
viding that "any person elected stats SUPER
intendent OF public education shall not dur
Ing his term OF oti'ce, nor tor four years
thereafter, be- eligible TO any state Office"
Let us see how this statutory inhibition
would work on q practical test. Mr.. A, In
1884 Is elected state srintendent for 'wo
wears and goes out OF office In 1886. In 1865
he Is elected governor by the people; but on
presenting himself to take the oath Of once
his defeated opponent, or some one else, m
ierposes the objection that he Is ineligible
under this school law--then whalI Mr.. a,
simply replies that the constitution nxes
the requisite qualifications Of eligib,li'y,
aud requires only that "he shall DO ~ least
thirty years OF age, n citizen oil the uniied
States, and shall have resided In this state
at least dve. years Immediately preceding
his election" ,
These qualifications, continues Mr.. A.,
possess, and the legislature, The creature oil
the constitution, can neither add 70 nor de-
tract from them. The people have legally
elected me and | shall Or their governor
The same facts would apply with precisely
the same force. in regard to supreme, appel
late and district judge and TO oil state ohi-
cea.
This 1, not new question. II has been
decided sundry times In different states and
by the United States senate. The constitu'
ton of the United States prescribes the
DUAL ications for United States senators.
The constitution OF Illinois provided that
no mem Der OF irs legislature should be ell
aitls to any Office elective by that body
Yet some thirty years ago the Legislature o.
that state elected one Of its members, Hon.
| Lyman Trumbull, to the United States sen.
ate. His right was contested by memorial
| Mr.. Trumbull was an abolitioDist and the
| United States senate was largely democratic,
| vet he was seated by vote OF 30 10 b. Ibe
democratic"senators, Butler and Evans Of
South Carolina; Mason and Hunter, OF Vir'
ginis; Brown and Adams, OF mississippi
Yulee aud Mallory, OF Florida; Towcey, o.
Connecticut and Rusk, of Texas, and nearly
every strict construction senator. including
Crlttendep, OF Kentucky, spoke on the sub
| ject and held chat n state could impose nc
additional qualifications to those required
by the constitution OF the United States.
| Under q similar clause in the constituti0i
of New York, some fifteen years before tht
| Trumbnll caee, the legislature oil that stare;
after full and thorough discussion, elected
one OF its members, Hon. Nathaniel +;
lallmadge, to the United States senate, ana
he was seated in that body without a dis
sentng voice.
or what avail, therefore, is such legisla-
ton as this clause IN the school bill which
has passed the senate and may pass the
house. but to add to confusion in the laws
and mislead the uniniormed' Too mnch
legislation, often crude and illv-disested, y
one Of the chief eyi's in this state. Or TINS
class are ell unconstitutional enactment'
and laws imposing penalties repnenaht u
the aggregate soral sense Of fisht OF Thu
people of the state, on whom, after all a
Jurors. devolves the enforcement OF the
penal laws. The house may strike on
The useless and Illegal CLAUSE. If so, well
IL not, IL will stand as dead letter on TINT
statute book.
| OBSERVER.