The morning call., 1890-04-15
United States senntorship.

Editor Of Cal: An interesting question has
doomed up lately In political circles which seems
worth considering by the press and people.
In the Constitution OF California, Article V,
Section 20, is the following clause: 1.-THE Gov
ernor shall not, during his term of Office be
elected Senator to the Senate OF the United
States" There arises herelrom the question:
Would this disqualify person elected next No
yember (as Governor of California; for election
to the United States Senate? In the opinion OF
this writer il would not. for 1t does not declare
that the Governor shall be disqualified during
the term OF years, or time for which he had been
elected, but confines his disqualification TO the
term OF his office, that is Of filling his Office In
other words. the election as Governor is not the
disqualification, but the occupancy of the office
as Governor. II, therefore, the Goyernor-elect
should resign at any time after his election. aud
before tile election OF United States Senator,
lie must De considered 10 have removed the con
btttv.-Le, 30 q Longer (iOyernor-
ana to be eligible for United States Senatorship.
In such case the Governors official term of office
has expired by his resignation being accepted,
aud the dulles having cevOlyed on his legal sue
cessor he Ihe GovernOD Is merely 4 private CHI
zen. This may be illustrated by another case.
Suppose tile Constitution OF California had Sec
ton declaring that no person elected County
Clerk OF any county should deal or speculate in
any manner in The bonds or obligations OF that
county. ana let us suppose Mr.. Frost was elected
County CLERK OF Alameda and accepted the office.
Let us furlher suppose that Mr.. Frost became
dissatisfied within a month aud resigned his
ONCE 10 QudlNru successor ana tnat lie then
OF thereafter entered Into the business OF
dealing in the county bonds. Would any
one pretend that he violated the COnstiGu-
ton or mace himself liable TO prosecution
IN such case? Here, though the cases
are not strictly analogous, the principle involved
Is one and the same. The Governor and the
County Clerk have each closed their term OF
Office and have resumed their status AS private
cltZeus, clear of all constitutional restrictions.
II may be sid that the convention forming the
Constitution Intended TO exclude the Governor
from The United States Seudtorsnip, but the falr
Interpretation OF The clause limits this exclusion
10 Governors In office, ana could not. In my opin-
Ion, exclude also that one who merely had been
Governor, and VINO was then actually out OF
office before the time Of election for The United
States SenatOrship.
l should not omit to say that our Consti-
tuition extends a debarment or disqualification to
other Ufhclals than Governors. Section 10, Ar
tiele ", prohibits members Of the Senate and
Assembly from taking other Office; also Article
vi, Section Is, debars Judges OF the Suprrme
Court from all other than judicial offices. A ref
erence, however, TO the sections Will show that
the prohibition here extends TO the full term for
which they were elected, and not 10 the term OF
or In Office. which IN such cases could not be
nled by a successor, as iu the case OF Governor,
but would require fresh election appoint
ment. from this II appears 10 me the COuStltu-
ton Disseminated between the Governor and
other officials.
wish 10 draw attention to this subject now,
as 1t may affect the coming party nominations.
Already political papers down south assert that
Governor candidacy. fearing a disqualification
Tor the United States Senate, but, to my mind, he
may legally aspire TO each, as well as TO either
high place. CIyIS-