Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1898-12-31

On the Eligibility OF Suaici"A
Officers.

Ace Of United States Senator, in which she
Journal still main tains the negative OF sne
proposition. At the risk Of imposing on
your time and space, l shall ask to Dc per-
mitted to reply and give my views ~
greater length upon this interesting SUD-
iect. which, by the way, 10 is time were
settled.
II ia indeed q pleasant task to have TO
deal with such 9 friendly notice OF udg
Fitzgerald ss is continued in the article In
question; and coming from Q newspaper
of the standing of the Journal Is as isster-
ing 10 his friends a. IL is well deserved.
should my views Of the question at issue
be the law, 1 shall count from this time
forth upon the Journals powerful aid in
eleyating . genuine citizen OF our STATE
an honest and able man to the position he
would undoubted do credit to-.
The stumbling block in the way OF eligi'
bility seems to be contained in Section IL
Of Artscle vi. Of our State constitution
which Is a. follows:
The Justices Of the Supreme Court
and the District Judges shall be ineligible
TO any office, other than q judicial office
during the term for which they shsll have
been elected ; and all elections or appoint
ments Of any such judges by the people,
Legislature or otherwise, during said pc
Rod to any office, other than judicial, shall
be void."
And the words. "any office" in thai SEQ
tion, IL is maintained by the Journal, "by
reasonable construction applies to the
United States Senatorships, which GER
tsinly 10 not q Judicial Office" Here l
take issue with our friend. the Journal,
and claim that the quoted words refer 10
s'any Office" under the State constitution
and government, else the provision as o
whole might come in confict-and, in fact,
does under the Journals Interpretation
with the Constitution Of the United States,
and would. therefore, be null and void.
"Ofioes," mentioned In q State consti-
tuition or Q State statute, are offices IN
der the State, unless there be express Ian
guage extending 70 offices under the United
States ; such Ia the settled rule Of con-
struction.
The above quotation from our constitu-
ton 10 the only one. so far as my knowl-
edge extends, bearing upon the question
at issue.
SEQ. Al, Article / Of the Constitution
Of the United States is as follows +: "The
times, places and manner Of holding cleo
tons for Senators and Representatives
shall be prescribed in the State by the
legislature thereof ; but the Congress may
al any time, by law, make or alter such
regulation, except as to the place Of choos-
ing Senator'S and in compliance with the
last quoted section. Congress did provide
for the time, and manure Of choosing
its Senators In "An Act to regulate the
times and manner Of holding elections for
Senators In Congress-" [Approved July
rs, 1861
Section 81, Of Article I Of the United
States Constitution simply provides for
the composition Of the United States
Senate.
Clause 8, Of the last mentioned section
and article reads o. follows: "No person
shall be Q Senator who shall not have at.
tanned the age Of thirty years and been
nine years Q Citizen Of the United States,
and who shall not, when elected, be an
~inhabitant Of The State for which he shall
be chosen"
Thus we have provided succincsly and
clearly the qualifications for the United
States Senate by the great organic law Of
The land. The only Limitation placed
upon the aspirations Of . candidate being
that he shall be 81 least thirty years o.
age, nine years ct least . citizen Of thu
United States. and an inhabitant 81
the time OF his election. Of the State for
which he shall be chosen. He may have
been Immediately preceding his election
Q Judge, Governor, Sheriff or Constable
II he possess the stated qualifications, nor
could the trainers Of our State oonsitu-
tion superadd any further publication
without coming in direct conflict nth the
National Constitution.
: II the contention Of tho Journal were
well founded, II would DO In the power Of
the States to render nugatory the provis-
ion Of the Nationd Constitution, by hedg-
ing around tbs election Of a Senator with
impossible or absurd restrictions Of time.
place. manner Of selection. or personal At
tributes and qualifications. If 8 State
constitution can prescribe one qualifca-
tion in addition 70 the qualifications named
In the Federal Constitution. ii can pre-
scribe many and such as would hamper,
cripple and even totally stop the workings
Of the Federal Government.
THE QUESTION ALREADY DETERMINED.
But. sir, the question has been settled
absolutely already by the august body
which alone had the right 10 determine il.
Here are the facts:
In 1866. Judge Trnnbull Of Illinois,
the lifelong friend and counsellor Of the