The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1897-03-24

! Supreme Court Decides That He Cam
not He Governor md Mayor

not He Governor and Mayor.
Lansing, March 20.-Gov Pingree
will no more appear before the public
in his dual capacity, the supreme court
Friday afternoon in unanimous opin-
ion having decided that when he accept
| ed and entered upon the duties of the
Office of governor he vacated the Office
of mayor of the city of Detroit. He is
not given the opportunity of choosing
between the two offices, although he
prefers to be mayor. There was vex-
atious delay in getting the case into
court on account of the unwillingness of
the attorney general to proceed against
the governor, but it was finally submit
ted on Wednesday. The opinion of the
court, which was written by Justice
Hooker, commands the common council
of the city of Detroit to call special
election on April 5, that being the date
Of the regular spring election, for the
purpose of choosing mayor of the city.
Whether the acts of Mayor Pingree
from the time of his acceptance of the
Office of governor up to the present
time are legal is not decided.
The court at great length discussed
the question OF whether under the con-
stitution the office of mayor is an Of
flee under the state" and therefore
one which cannot be held by the COVER
nor, and whether the two Offices sought
to be held by Pingree are Incompatible
under the common law rules.
The Office of mayor of n city, it is held,
is created by the state, and portion of
the duties are performed for the state.
That the duties of the two positions are
incompatible, it is held, is shown by
the fact that the governor for certain
reasons may remove the mayor. Upon
this point the court says that it has
been unable TO perceive single reason
why the mayor of a city should be per-
mitted to exercise the office of gov
ernor when the lowest township officer
in the state is prohibited. Nor could
the court find a single decision which
holds that one person may mold two Of
fees in one of which he is clothed with
the power to remove the person holding
the other, and it follows, therefore,
that the offices of mayor and governor
are incompatible.
Strong language is used by the court
in answering the argument that the
people elected Pingree governor with "A
full knowledge that he would continue
to act as mayor, and that to
remove him would be to dsfran-
chse majority of the voters. The
court lays down the rule that the ac-
ceptance of the latter office vacates the
first, and says: IF in law the effect of
the election of Mr.. Pingree to and his
acceptance of the office of governor
operated to vacante the office of
mayor a court that would weigh ma
jorities before so declaring would de-
serve impeachment and the contumely
which would follow"
This is considered heroic language to-
ward man as popular as Pingree, and
considering the fact that Chief Justice
Long is "a candidate of the republican
party for reelection on the first Monday
in April.
Detroit, March 22.-Gov. Pingree will
not resign the governorship, and will
not be candidate for mayor of Detroit
at the special election April 5. This
negative programme was decided upon
at meeting Of the governor and several
of his advisers, which continued nearly
the whole of Saturday night. The 'old
man." as the governor is Familiarity
called by his followers, wanted to vindi-
cate himself as against the supreme
court decision in ousting him, by per-
hitting the republicans TO nominate
him for mayor, believing he would be
triumphantly reelected. Most of his
advisers at the meeting, however, espe-
cially those from other parts of the
state. insisted that it was his first duty
to remain governor TO the end of the
term, and not permit Lieut.. Gov. Dun
stan to succeed him. After hours of
discussion the chief gradually came