The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-17

a vacancy existed, which could not be filed.
am aware of the fact that some very able
lawyers have given it as their opinion that
the convention is itself supreme and may
seat office holders should it choose to do
SO.
On this theory the act of the general as
sembly is either void or useless; that is,
that portion in question.
But we venture to make a few sugges-
lions for the gentlemen to consider. A
delegate who goes to the convention, de-
pendent for his seat upon the decision of
that body, not upon the organic law and it's
requirments, but upon the opinion of that
body as to the wisdom of the policy in
question: would certainly occupy a most
unenviable position.
He could not possibly know in advance
what the views of that body would be, and
hence would not know whether he was a
delegate or not, since the policy has found
an expression in both the federal and state
constitutions it would seem TO be consid-
cred as founded in reason and common
sense.
Perhaps this would suggest that there
are reasons of public policy not at once
apparent which support it.
Perhaps then they might think 1t wise
to retain 1t, and, If wise to retain, wise to
enforce it and enforce 1t at once.
Certainly, If it can be left to that body
when the body is in doubt as to whether
they may properly be a law unto them
selves, they would probably resolve it
against the officeholder.
But has the convention, in fact, anything
to do with the question? Can 1t investigate
further than to inquire If its members are
duly qualified and duly elected according to
the present fundamental law and the stat
utes enacted in pursuance thereof-not con-
trary thereto?
The judicial officer in that convention
would be out of place. Perhaps as judge
the question of convention vel non might
in some form come before him for decis
ion.
1 know in general a legislative body is
the Judge of the election and qualifications
of its own members.
I am not quite sure, however, 1t would
apply in exactly the same way to a consti-
tutional convention or body protesting to
be a constitutional convention
But, predetermining all questions OF eX-
pediency or propriety, 1t would seem If the
convention can disregard one provision of
the present organic law, 1t could disregard
another or ALL
1t could in tina. event fix new standards
not contemplated by any law in existence,
whether written or unwritten, organic and
fundamental or statutory.
1t could disregard the provision of the
act of the general assembly prescribing that
officeholders may be delegates.
If it can ignore the law as it now stands
before organization, it would follow that
1t could declare the election of Mr. Bryan,
a citizen of Nebraska, or of Grover Cleve-
lind. O. citizen of New York, should the
citizens of any county elect them as dele
gates.
70 say they will not do 1t will not answer
the proposition
Yea. il they can ignore the provision OF
the present constitution, they can do more.
If the convention Is supreme In the sense
in which thse learned gentlemen insist, then
IL can determine that person who was not
a duly qualified and elected delegate at
the time of the election was one at the time
of the convention because tn conyntion
chos to so consider.
It could ignore the manner OF his cleo
ton. whether by the grand jury OF the
county or by the commissioners court or
of the convention because the convention
chose to SO consider.
If the convention is supreme and can DIS
regard all limitations, they could exciuoe
people of a certain nationality unless they
should by so doing conflict with the FEDERAL
constitution.
The bare statement of these propositions
would seem to be enough. Let US not hinder
the work of the convention and perhaps
defeat 1t by rendering 1t unnecessary TO de-
eide the question. The constitution In eny
event will probably have to run the gaunt-
Iet of the courts, and this would the more
endaneer 1t.