The age-herald., 1902-05-11
Nothing to Prevent Captain HOb-
 son Going Into Politics
RETIRED OFFICERS ELIGIBLE
Nothing In the New Instrument, Say Lawyers. to Stem Hero's New Ambition-Can Decide
 In New York.

When it was rumored that Capt. Rich mond P Hobson would, in the event of his being placed on the retired list of the United States navy, be a candidate for the Congressional nomination in the Sixth district against Congressman J. H. Bank head. no one raised the question of his eligibility to a seat in the House of Rep resentatives, because it was decided many years ago that retired army or navy officer was eligible and that he could draw both his retired pay and his Con- gressional pay. It was generally re- marked, however, that Hobson would stand no chance of beating ,Bankhead.
 The recent report that Captain Hobson. who seems bent upon entering the polit- ical arena, would run for the state Sen ate from Hale County prov fded Congress passed his retirement bill has raised A new issue Washington correspondents have been under the impression that Alabamas new constitution contains clause that would make hhm ineligible for a seat in the General Assembly, but they are mistaken.
 The clause referred to is this:
 
 under the United States, except pastmas- ters whose annual salaries do not exceed two hundred dollars, shall during his continuance in such office hold office of profit under this state" Article XVII, section 20.
 The same clause was in the old con- stitution.
 Article four, section fifty-one of the constitution reads:
 Each house shall choose its own off cers and shall judge of the election, re- turns and qualification of It's members"
 This law follows the United States con stitution in relation to the powers of Congress in passing apon the qualifica- tion of its members.
 Lawyers who were delegates to the State constitutional convention agree that the constitution would not affect retired officer of the United States army or navy. MT. H. c. Selheimer said:
 "A similar question to this raised about Captain Hobson, assuming that he goes on the retired list, was decided in the State of New York in favor of a retired army officer. There may have been like decisions in other states. But without any precedent would say that retired army or navy officer did not come under our clause. He would not be an officer in fact He would have rank and pay. but no office under the United States
 Judge A. c. Howze said:
 Captain Btobson, should he retire, would be perfectly eligible to seat in the State Senate. If there were any questions about Section 2S0 Article XVII the clause in. Section 51. Article W, giv- ing either house the power to pass upon the qualification of It's members would settle it.''
 Capt Frank S. White said: would render a retired officer of the army or navy Ineligible to seat in the Gen eral Assembly. If Captain Hobson Is re- tired he will cease to be an officer under the United, States in the sense of the con- 
 Several lawyers who had given consid- eration bo this report about Hobson "go- ing into politics. ventured the opinion that while the constitution would not bar the hero from taking a seat in the State Senate, the best way for him to start would he to put himself in training for a few years, just as nearly all politicians do before seeking nomination
 
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