Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-09-29
4 7Iaro's Nest.
To the Editor of the Free Press;


An astonishing discovery is claimed to
have been made by Mr. B. B. Smnliey, late
democratic candidate for the Governorship
o. Vermont, which is s,t forth in ths news
papers eInblazoned with startling headiues.
The discovery is no less than this: That the
candidates for governo~ and lieutenant
governor on both the republican and demo-
cratic ticGots, by reason OF tleir segerally
being directors IL national banks, were each
inr,!. .ib.e to these state offices, thus giving
to the prohibition candidate Allen, the true
election ~ governor; and ihls consequence
is c aimed to follow hy force of the c0nstl-
tuition OF tho state. By reference to the
provision OF TIL constitution IN question and
the Interpretation given to it by our Su-
Irpnlc Court, thi- discovery viii Ue found
ID be mares nest.
The constitution ca. II, SEC 2G declares
"Nor aall any person holding any oiiice
| profit or trust under the authority of Con
| Rress, De eligible 20 any appointment in the
| Legislature, or Of hoijity any executive or
jullciai Office under this state" This pro-
! vision received defnitive construction in
the caso NrGIfSor VS.. Ia'H, de
! c.ded in 1912 and reported in
| Vol. ii, =. l2S of tho Vt. Reports. The
/ question ;Lere was, whether a postmaster
who had beou elected justice Of the peace
could act as jus,ics and render valid
| Judgment. The decision was that he could,
although i was hid tnat the o.lice Of posi-
master Is al oliico both OF profit and
| trust under the authority Of Congress- and
! tErt :. justice OF the peace Is q judicial
officer. Iao opinion was given by Chief
| Justice Williams. After citing tins provi-
! sion Of the constitution, underacoring as
! above lie words "Jr of hYtfUqo he adds,
"From theae considerations It would result
! that any ono was iucapah.o Of hOidNg both
OF tLose Offices al the same time There is,
/ however, q marx; j distinction N tho terms
made uae Of il relation to appointments in
! Tue Legislature. aul ~ executive or judicial
otioc+. In Ia. one case such prison is de-
clarod to %. !ne!.s be 10 any uppojd'm.it
IN he LrGiSidhtrc Eepoe, il appo!ntrd to
the Legislature while holding an otlico un-
der the authority Of Congress, the appoint
/ lntnt has uniformly been vacated.
Hut the change Of the phraseology,
or OF h,i'i.J any executive or judi
ciary olcc, nscos-Sci.y creates this obvious
difference, that such persons may bs eiisi-
BILE, or may he elected, to an executive or
legislative office, but, IN such case, If he nc
copt Inc office under the authority o, tho
! State ho must abandon the ono held under
tho authority Of Congress, and II ho CON
tlnues TO ho'd tho latter he cannot CON
s.stontly with the provision CE the consti-
tuition, hold the former, The practical con
structlou OF this clause Of the Constitution
mas hcsn to this effect. Whenever a person
ho!du. such Office under tho authority OF
Congress has been elected to the Legls.a
ture, his election has been declared void,
whenever TIE subject has been brought 10
their notice. Ca the contrary, both tho
people and the Legislature have elected Per
sons Aollug sucl offices, both the executive
aud jldiciul Offices, rep, a,cL!y, considering =
them as eligible to such appointments,
though Incapable Of holding and exercising 3
both at tue same time.
Conceiin; then that the o3lce Of director
of II national bani is one "ot profit or trust
under the authority Of Congress- ~ it i;
clear ttat neither OF tho candidate.
fcr the Eoyernor,hip or lieutenant govor
norsuip t.. the late election was rendered in
eli sible Ineroby. iEero is. therefore, Il,
occasion for the FRLE PRESS to felicltatt
either Col. Smaiey, or the state for hi
escape from iueusura, Ion as governor. H:'
holding un office ullor the authority o
Congress WAS no impeiiment To- bis election
or inauguration. All lie lacked in eithc,
case was votes. Whom il came to tho ia CT
Of inauguration it is presumaD!o, whether
necessary or not, that Col. Smauey's per
sonai mules.y If not his democratic host.l
ity TO mouopoli5s, would nave prompted hlu
to resign the neon istenr office.
DaNlEL ROBEHTS.
George l.. Whittrelgo, an Old time busi
ness man Of Concord, y. H., dropped deaC
from heart disease last evening in his stor
on South Main street.