The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1891-03-28

Office was kept In n store near by, ana
Mr. Horton appointed the sto,,ekeeper
transacted the business OF the Office
nor received a cent OF the sniary.
| After he was nominated for state SEN
ator he wrote his resigna zion "a post
master 10 take imin .diate effect, and
forwarded IL TO Washington. IL was
received by the department Nov. s.,
one day before election and an ac-
acknowledgement was sent the same day
saying that IL had been received and
placed on file. These facts were not
| disputed, but were admitted by Mr..
Morrow's attorney.
Now there have been numerous legis-
latiNe precedents as well "a supreme
| Horizons position that at the time
OF the election he was eligible 10 the
Office OF senator.
In Che case OF williams vs.. Fits.
the Alabama suprcnie court held the
opinion (49 Ala, 402l that except
In SOME rare Instances no person is
compelled 10 hold an office. lie may
RETIRE at hls mere Will upon the mo-
mcnt. When he transmits an uncon-
ditional resigna tion, which he intends
shall reach the officer or authority
entitled TO receive &c, he resigns, lie
has given formal expression 10 his
viii, and sent away a notice OF IL
nothing elee for him TO do. IL needs
no acceptance"
The constitution OF Nevada makes
federal officer ineligible 10 be elected
10 or hold state office. candidat &c
who had been United states district
attorney was nominated Tor n state
Office. The election was held Nov. o.,
ON Nov. 5 he resigned his federal Of
flee, the resignation TO take immediate
effect THAT resignation was dcpos-
tied in the mail the evening before
cleo tion. Upon this state OF facts the
supreme court OF the state say lthIrd
Nevada 57i) According 20 our view
the moment the letter went beyond
his reach vacancy occurred In the OF
flee"
In The case OF The People Va. Porter
sixth Cal, 26), the supreme court OF
California says: 1t is commended that
in order 90 render u resig-
nation effective a Is necessary
that IL should be accepted
by the appointing power. do not
think this point IA well taken, The
tenure OF an office does not depend
upon the viii OF the executive, but
OF the incumbent.
The supreme court OF Virginia In a
similar ease said (0S Va, 1901 THAT
h. had a right TO resign his federal
office and that such right does not de-
pend upon the consent or acceptance
OF the government or It's agents seems
20 he very well settled"
Without going as lar as some OF the
state courts, the United States courts
have uniformly held that the reslg-
nation OF a federal office becomes
opera tive when IL is received, and that
its acceptance Ia not required. In the
first Mclean reports, page Oh. the
doctrine uniformly held Is thus clearly
~ lfsHt lle M
a civil officer has right to resign his
office at pleasure. and 10 In not In the
power Of the executive TO compel him
TO remain IN office. 10 Ia only neces-
sary that the resignation should be
received to take effect, and this does
not depend upon the acceptance or
rejection of the resignation by the
President"
similar decisions. both In the state
supreme courts and In the United
Stntes courts, might he multiplied
indefinitely, every one oi them show
Ing that at the time OF election Mr..
Horton was eligible to the office of
stu ts senator.
But even " Horton was not eligible,
Morrow was not elected. In the cnss
OF Crawford VS. MolitOr. twenty-third
Mich, Sal. Judge Campbell held that
the law docs not under any Nreum-
stances allow min Gritty candidate
10 be deemed elected, whether the
person FOR whom the majority voted
can or cannot be installed" In this
case the following was cited from n
case reported in the fitieth New York,
page AL: where majority % the
electors, through ignorance OF the law
or fact, vote for one ineligible. their
votes are not utilities and the per-
son receiving the next highest vote Is
not elected"
These decislons concluslvely dispose
4. -
firlently explain why the Democrats
did not want his case considered lin
committee nor discussed In open SEN
ate.