The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-30
INELIGIBLE FOR GOVERNOR.

Since Mayor Taggart has concluded to
take himself seriously in connection with
the Democratic nomination for Governor
the party leaders have begun to do so,
and one of the first questions that con-
fronts them is whether he is constitu
tionally eligible. OF course, Mr.. Taggart
would not be eligible for Governor in
the sense that one speaks of an eligible
match, or an eligible situation for a
house, but the question is whether he is
constitutionally qualified to be elected to
the office. Mind. the Journal says con-
stitutionally qualified Section 16, Ar
ticle Z, of the Constitution says:
No person elected to any judicial Office
shall, during the term for which he shall
have been elected, be eligible to any Of
fee of trust or profit under the State other
than judicial Office.
Under this provision a person elected
to judicial office is, during the term
for which he was elected, ineligible to
any other than judicial office. and he
cannot become eligible by resigning his
judicial Office. The Supreme Court has
decided that under the general laws
Mayors of cities are judicial officers. and
in Waldo VS.. Wallace, II Ind. 500, 1t de-
cided that all judicial officers are in
eligible to any office, other than a judi
cial office, during the term for which
they shall have been elected. In the
case of Gulick vs. New, IA Ind. SO. in
which the Mayor of Indianapolis was
elected sheriff of the county and re-
signed the office of Mayor to take that
of sheriff. the court held that he was ~
eligible, and that his competitor, who re-
to the Office.
The question Is whether the office of
Mayor Of Indianapolis as now consti-
tuted is a judicial office. The charter
Invested the Office of Mayor of most of
the judicial functions which formerly
pertained to it and provided for the cleo
ton of a police judge. 1t, however. gave
the Mayor power to revoke or suspend
any license issued pursuant to law by
any department of the city government.
In order to define this power, the last
Legislature amended the charter as fol-
lows:
He the Mayor shall sign all licenses
issued pursuant to law by any department.
than three days, to the person complained
of, hear any complaint against any person
to whom license has been issued, and may
issue subpoenaS and compel the attendance
of witnesses to testify on such hearing; may
administer oaths to such witnesses and
qure them to testify. The rules OF practice
and procedure in force in the trials in the
Police Court of such city, so far as APP
plicabe, including right to appear by coun-
sci, and to compel the attendance of wit
nesses for person complained against, shall
apply to such proceedings before the Mayor.
Upon the hearing, If the Mayor shall find
that the person complained of has willfully
violated any of the terms and conditions
of his license, or has wi,lfully done, author
lied or permitted to be done, any act In
violation of the law or the ordinances of
such city relating to the business or the
pace of business licensed he shall revoke
or suspend such license.
This gives the Mayor judicial power
to hear and decide all complaints of the
violation of licenses, and, in his judicial
discretion, to revoke or suspend licenses.
This power embraces licenses of all kinds
issued by any department of the city
government. Clearly. it makes the
Mayors office as to this class of cases
and persons a judicial one, and the
Mayor himself ineligible during the term
for which he was elected to any other
but judicial Office. Mr.. Taggart will
have to abandon his gubernatorial aspi-
rations, but perhaps he can satisfy the
demands of his party by becoming
candidate for Supreme Judge. He is
constitutionally eligible for that position.