The DeLand weekly news. [volume] (DeLand, Fla.) 1887-190?, 1904-04-08

Frank Glars. candidate fOT Congress 10
self.explanatoTy;
LAKE CITY. April 4, 1904
ur 4 -. ColrtnstOu, DsIahd, Fla-
DEAR SIR notice In THE News
OF last week that yOu editoTially en-
doT-e the opinion that ] AN ineligible
10 Congress and say that "A vote for
Clark will in all probability prove a
vote for Cheney" ] send yOu here
With a COPS Of the opinion Of Hon.
Hnke smith Of Georgia, former Sec
retary OF the interior and one Of the
ablest laWyeTs IN the l nited states
This opinion l. addressed 20 Col. T. ,.
smith Oi Atlanta, IN whose once !
read laW. also have tue written
opinion Oi Hon. HOTatiO BisbSe 10 the
sane effect.
trust ,ou sill JO me- the justice Ia
publish thi- lctteT aud Hon. hoEr
smith's opinion onrs tIuy
Following IL the letter referred to
by Ms. CLARK
H,n Peter Franot---o smith. Atlanta. ga.
Mn DEAR SIX You have called my
attention To the candidacy OF Hon.
Franz CLARK and asked my opinion az
TO hi eligibility based upon the iOi'
lowing statement Of facts;
lie has resided many years more
than hyr-in the state OF Florida. Ia
June. l!Dl, he removed tO oklahoma
aBd Trsidrd there fOE ORe year. In
Drsemlsrr. lsIs, he returned To loT'
ida with HI family and has resided in
Lake city, fla. siBce that time
The constitution Oi Florida contains
, the tullOgIrg provision
That the yuseTnOT aud nthet state
.r,rcr. are hereby prohibited from
ytvtng rrItttsatcs Ui election, 90
other cTedeuiial-, tO any person a.
having bern elected to toe House al
I,euTr-cutative- OF the I nited static
1onyrr,- al the United State Sena.t
ubo ha. not t,crn Ave years clti1ct
ot the state AMI ten yeaTs a cttileT
of the United states and qnaiihct
voter.
/ F.rst: The pro, isiOn Of the jonsiI
tutlou of FioT ,da does not require
that a pcI-un shall have resided hs'
Years IIMkDIATILY preceding th'
election Ia the state of ftOrtda. S1s
proyi-Iuns are aiWays To be STRICTLY
: Construed u the state could pre-
,.ribe the 4uAIIhC atiOBs Ot a men b
of the House oi Representatives a
IN. Tnitrd states Cong ress, this pro
| Ni.i,n of the Constellation oi tlortd.
wOuld not render Ineligible a eltl1ei
Of the state whO bad TOT ave year
been a citizen Of Florida, even thoag
the ave years had not teen immea'
ately preceding his election
Sccond: TIE Constitutions OF IN
United States, Article !, section
provides as iOiloSs:
NO person shall be Represents
tive Who shall not have attained IN
age of = years, and been seven year
a citizen OF the United states, an
Who shall not, when elected, DC an 70
habitant Of that state in uhlcs D
shall bc chosen.
The Constitution vt the Unite
states, AT1Ieie I, section ), fufshs
"Each house shall be the judge q
the elections, returns and qualine'
tiOns of it, 0Wn memberA
7 The Constitution Of the Unite
states, Article l. Section 4, prOvid'
4 az fOllows:
The times, places and manner
holaing elections for senators an
J representatives shall Be prescrioed
3 each state b. the legislature there
Q bat Congress may, ~ any time,
Las, maze OF alter such regulation
except a. % the places Of ehooesf
. senAtors."
2 Clrarly no state has the pS.'
90 pTcscrtbe the guailneatlons !.
me1bers Of Coagress. Under q
very terms Of the Constttution Of q
q United states each house ts made u
a iaags Of these QuallncatioaA
n nj the state 81 FloTida, through
constitution, had provided that no o
shOald be eligtole 90 eiectloa %
Hoase OF Representatives 81 the g
. ereps II the Unitea states gho y
. nOt been Gve ysars immediately y
!, csding the eleetioa . etfisea 81
v state Of Florida, sach Proytsion So.