The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1894-06-13
GEN. GROSS is RIGHT.
So SsyeIudgss yost land Pryor
About the >Adiutant General
-> ship.
Express Provisions In the Constl-
tuition which Make Him EIiai-
BILE To the Office.
tCourier-J journal.

bility of Gen. A. j. Gross to the Office OF
Adjutant General, after having been
elected member of the State Senate,
that reporter yesterday obtained the
opinion OF Judge William Yost, of the
Superior Court, who was passing through
the city. J When asked IL a member Of
the General Assembly, is eligible TO have
the office OF "A ljutant General, he said
"Unquestonably he is. There is no
inhibition in the Constitution against it.
On the other hand, there is an express
provision which makes him eligible. In
section 1856 OF the Constitution, it is
provided that no person shall, at the
same time, be a member Of the General
Assembly and an officer of any county,
city, town, or other municipality, and no
person shall, at the same time, fill two
municipal offices, either in the same or
different mnnicipalities.l twill be OBJ
served that the Constitution simply
provided that no person shall while
member OF the General Assembly be an
officer Of different class, viz, an officer
Of county, city, town, or other munich
pality. AS the Adjutant General is not
an officer OF the latter class it is obvious
that there is no inhibition in the Con-
stitution against his being that officer
and being member of the General As
sembly.
"Aside from this, however, the latter
clause of the section above referred to
expressly provides that an officer of the
militia shall not be ineligible to hold
any other office mentioned in the Sec
ton. The law is as follows; An officer
Of the militia shall not be ineligible to
hold any other Office mentioned in this
section
''The only question remaining is: Is
the Adjutant General an officer of the
militia? 1t is absurd to question this.
ale is recognized as an officer OF the
militia in the Constitution and in the
acts OF the General Assembly concerning
the militia OF the Commonwealth passed
in the sessions Of lS91-2-3.,
"Section 222 Of the Constitution pro-
vides that all militia officers whose APP
pointment is not therein provided for
shall be elected for such terms as the
General Assembly may direct.
at is, however therein expressly pro-
vided that the Governor shall appoint
an Adjutant General and his other staff
officers. 1t will of course, be conceded
that this section makes the Adjutant
General militia officer a, 30.
snow let us take the act herein re-
ferred to, i. e.: An act concerning the
Militia Of the Commonwealth The
eighth section in fixing the staff of the
Governor provides that it shall consist of
twelve officers, and first Of these is AN
Adjutant General with the rank of Bri-
gadier General.
Section. 26 provides that officers Of
the militia on the military staff Of the
Governor shall be appointed for a term
OF four years, and all other officers shall
be elected for term OF three years.
Section 20 provides that commissioned
officers Of the militia shall be command
ed by the Governor, and every officer ex-
cept those on the staff OF the Governor
shall be examined touching their quail
| fcatiUns.
Section 81 fixes the pay Of all Of the
militia, beginning with the Adjutant
General and ending with the last private
in ranks OF the State Guard.
'.Now as there Ia, first no inhibition
in the Constitution about one, person
holding the two offices Of member Of
the General Assembly and iAdjutant
General second. as there's an express
provision in that instrument that one
person may have those two positions;
third, as the Adjutant General is recog-
nized and allowed both in the Constitu-
ton and the acts OF the General Assem-
bly,, as an officer of the militia, am
clearly OF the opinion that there can DO
no serious question under the law Of the
eligibility OF a member Of the General
Assembly to the position Of Adjutant
General Of the State"
Judge Pryor, Of the Court Of Appeals,
said to a prominent Democrat that under
the Constitution ID was perfectly proper
for Gov Brown TO appoint Gen Gross TO
the office and that 1t was entirely proper
for Gen. Gross 10 except.