Daily independent. [volume] (Elko, Nev.) 188?-1915, 1891-03-11
PARTY 70. THE CONSTITUTION.
Tho Supreme Law Defied by the
Legislature.


Legislature.
The Constitution Of the State OF
Nevada, Article Nv, Section 9, pro-
vides as follows:
No person holding any lucrative
office under the Government Of the
United States, or any other power,
shall be eligible to any civil Office Of
profit under this State; provided, th at
Postmastets whose compensation
does not exceed Ave hundred dollars
per annum, or Commissioners OF DEEDS,
shall not be- deemed as holding q
lucrative Office.
On the Bird day OF last November
the INDEPENDENT said: I'D. b.
Williams is the Republican candidate
for State Senator; he is Postmaster
at Tuscarora, and his compensation
exceeds five hundred dollars per an
mum; hence he is not eligible to the
office of State Senator from Elko
county, being barred by the Consti-
tuition OF the State." The Free
Prees issued on the morning of No
vember 4, 1890, stated most positively
that Mr.. Williams was eligible, hav-
ing resigned the Office of Postmaster;
the Times-Review also assured the
people that Mr.. Williams had re-
signed in order to make himself elig-
ible to the Office of State Senator.
This settled the matter for time,
and Mr.. Williams was elected; but
on the 10Th day of November, 1890,
the INDEPENDENT published an arti-
Gle on the same subject ia which &C.
CURED the following:
Now to show that the INDEPENDENT
was correct and that the Free Press
and the Times Review were off in
their reckoning, we have the evidence
Of Postoffioe Money Order drawn at
Tuscarora, Nevada, November II,
1890, ard signed I'D. B. Williams,
Postmaster" to show that D. B.
Williams was Postmaster at TusC aro-
"a on the 4th day of November, 1890,
that he is still Postmaster and that he
is Ineligible ito any civil Office OF
profit under this State"
AS an evidence Of our opinion as to
the action of the Legislature in the
premises the INDEPENDENT Of Novem-
Der q, 1890, contained the following
squib: I'D. B. Williams reed have
no fears as to his seat in the State
Senate, as that body will be com
posed almost exclusively OF Republi-
cans. Seat himH Why of course they
will seat him."
Well, Mr.. Williams is member of
the State Senate, the Nevada Legis-
lature has just one more week to run,
and who is Postmaster at Tuscarora
now? We have before us Postoffice
Money Order. No. 25923, dated Tusca.
rora, New, March 9, 1891, signed I'D.
b. Williams, Postmaster, per j. b."
II Mr.. v illams ia not Postmaster at
Tuscarora his name would not be
signed to the Order; if he is Post
master he is not a legal member Of
the Legislature, unless his compenRa-
tion as such does not exceed $500 per
"nnum; il it is less why should it
have been proclaimed that he had re-
signed?
This article is not intended as an
attack on the junior Senator from
Elko, for personally this writer and
Mr.. Williams have always been warm
friends; but it shows that the domi-
uant party in Nevada has little re-
gard for the Constitution of the
State when a certain end is to DO &C.
complished. Had Mr.. Williams re-
signed his Government Office before
tho election, as stated by the Free
PreFs and Times-Review, there would
have been no occasion TO question his
eligibility to the State Senate Of Ne
V35R.