Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-03-18

oirice WAS kept ia q store near by, and
Sir. Horton aQpo.aJed Ehe sSoreksesssr
his deputy. he. himself. had never
transacted the business OF fAe Office
aof received cent o. THE salary.
Alter he was nominated for state SEP
ator be wrote hiS resi- ia ZION as post
H4aSf~c 10 take inlza Alaafe effect. AID
toFM arded IL 10 Washing On l. ~Gs
received by the department Nov. ),
one cay LetOre cleo aaa a ar
Know iedgment wac sent the same cay
81 liz that IL had been received aad
placed on file. These facts were not
disputed, but were admitted by Ar-
Aofrow's attorney.
Now there have been numerous lcrts-
latise prcceients as well as supreme
court opinions TO bear cut Senator
Horizons position that at the tiMe
Of the election he MAS eligible 60 the
Office OF senator.
In the case of Williams w. Fits,
the Ala ALBANIA supreme court held the
opinion ti5 Ala, 402) that except
IN come rare instances no person -
compelled 20 hold an Office. lie may
retire at his mere viii upon the mo-
ment When he transmits an uncon-
aitional resignation, which he intends
shall reach the officer or authority
entitled 10 receive 1t, he reslgns. lie
has given formal expression 10 his
will, and sent away a notice OF II
10 whom IL may concern There II
nothing else for him TO do. Ii needs
no acceptance"
The constitution OF Nevada makes a
federal officer ineligible to BE- elected
to or hold state Office. canuloate
who had been United States district
attorney was nominated Tor state
oi!iee. The election was held Nov. ..
ON Nov. ) he resigned his federal Of
flee, the resignation : take immediate
effect. That Resignation Was utpos-
iteo in lAe mall the evening before
election. Upon this state OF facts the
supreme court OF the state say ,talrd
Nevada 574) According 10 our view
the moment the lester went BEYOND
his reach vacancy occurred In ine Oh
lice
In the case OF The People VS.. Porter
(sixth Cal, 20), the supreme court q.
California says. 1T is conienced that
in order 20 render res4ts-
nation effective 1t is necessary
that ii should be accepted
by the appointing power. do LOT
think this point il We'll taken. Inc
tenure o. an Office does not depend
upon the VIII OF the executive, but
oil the incumbent.
The supreme court o. Virginia In
similar case said ,oS Va, lool "Ihat
he had "a right 10 resign his federal
office and that such right does NOT de-
p.nd upon the consent or acceptance
OF the government or It's agents seems
10 be very well settled
Without going as lar as some OF the
state courts, the United States courts
have uniformly held that the resig-
nation OF "A federal Office becomes
opera tive when tx is received, aud that
its acceptance is not required. In the
first McL.an reports, page Oh, the
doctrin uniformly held is thus clearly
stated. There can be no doubt that
a civil officer has a right TO resign his
Office at pleasure. and 1t 10 not In the
power oil the executive to compel him
to remain in Office. II is 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
States courts, might be multiplied
Ing that at the time OF election Dir.
horton was eligible To the Office OF
state senator.
But even Il Horton was not eligible,
Morrow was not elected. In the case
OF Crawford vs. Molisor, twenty-third
Mich, 3t1, Judge Campbell held that
the law does not under any circum-
stances allow minority candida te
to be deemed elected. whether the
person for. whom the majority voted
can or cannot be Installed" In this
case the following was cited from a
case reported in the iiitieth New York.
page 451: Where n majority o. 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 il
not elected"
These decisions conclusively dispose
OF the whole OF Morrow's case and SUI
ficiently explain why the Democrats
did not want his case considered In
committee nor discussed in open SEN
ate.