The National tribune., 1906-02-15

|
81, L. Ed, 394.
In Minor VS.. Happersett, 81 Wall. 162
| 1t was held that the amendment did moi
add to the privileges and immunities OF
a citizen, but simply furnished an adj
ditional guaranty for the protection OF
such as he already had. and it was said
| Indirectly it may have had that effect
because 1t may have increased the num-
| Der of citizens entitled to suffrage under
the Constitution and laws of the States
but it operates for this purpose, if al
all, through the States and State laws
and not directly upon the citizen" The
case was one which involved the right
of women to vote in the State of Mis-
souri,, and it was held that while they
might be citizens, the Constitution OF
the United States had not added the
right of suffrage to the privileges and
immunitieS OF citizenship as they eX-
listed at the time it was adopted.
See, also, Bradwell VS.. State, 16 Wall,
130.
In re Lockwood, 154 U. s, 116.
Dent VS.. West Virginia, 1923 u. s.,
ia.
Newton VS.. Board, 100 u s., 54S.
Wilson VS.. State of North Carolina.
169 U. s, $50.
Van Valkenburgh VS.. Brown, IS Am.
Rep, 1856; 43 Cal, As.
The Supreme Court then proceeds to
examine the question of the agreement
State upon this same matter of ''priyi-
leges or immunities," and says:
Does the statute in question contra
vene the provisions of section 6, arti-
Gle 1, of the State Constitution, which
says that the General Assembly shall
not grant TO any citizen or class of citi-
zens privileges or immunities which up
on the same terms shall not equally
belong to all? Whether 1t does or not
clearly depends upon the answer that
shall be made to the further question
whether the right of appointment to a
minor municipal office is a privilege
within the meaning Of the Constitution.
That the right to hold office, as one of
the privileges protected by the ConSti-
tuition, was not contemplated by its
trainers. is manifest from the Const-
tuition itself. The right of suffrage is
given to male citizens only (Sec. l, Art.
y, and there are provisions expressly
limiting the right to hold certain Offices
to the male citizens of the State. The
Constitution itself implies that women
may become citizens of the State, and
they undoubtedly are, and yet it will
rot be claimed that they are entitled
to hold Office under this provision of
the Constitution.
See Minor VS.. Happersett, q Wall,
162.
Ruff VS.. Cook, "A Iowa, 639.
Opinion of Judges Mass. Supreme
Court, 115 Mass, 602.
The precise meaning of the words
privileges and immunitieS" is not very
definitely settled by the decisions. In
speaking of the words as used in the
Constitution of the United States. Mr..
Justice Curtis in Connor VS. Elliott, / S
How, SCI, said: I'VE do not deem it
reedful to attempt TO define the mean
ing of the word privileges in this clause
OF the Constitution. 1t is safer and
more in accordance with the duty of a
judicial tribunal to leave its meaning
to be determined in each case, upon III
view of the particular rights asserted
and denied therein In Corfield VS..
Coryell 4 Wash. c. c.. 81, the question
was considered by Mr.. Justice Wash
ington, who said in part: what are
the privileges and immunities of citi-
zens in the several States? We feel no
hesitation in confining these expressions
TO those privileges and immunities
which are in their nature fundamental: |
which belong Of right to citizens of all
free Governments, and which have, at
all times, been enjoyed by the citizens |
of the several States which compose |
this Union from the time of their be- |
free Independent and sover |
eign." This statement of the general |
of the words has been often
approved by the Supreme Court of the
United States, and while the language
was used with reference TO the Consti |
tuition of the United States, it is none |
the less applicable to the Consti- |
tuition Of this State, so far as d definir !
ton Of the word privileges" is con- |
Limiting our discussion to the |
precise question under consideration, Is |
the right to hold office one of the fun
damental privileges which belong of |
right to all the citizens of the States,
10 be classed as a natural right and
equally with the rights of life.
liberty and property? The right to
hold office can be no more natural
and a personal right, nor more sacred. |
than the right of suffrage, and II is the |
holding of the courts that the
right of suffrage is not a natural and |
right. but a political and civilt
right. 1t owes it's existence to The Con-
stitution of civil government. and not
10 the personality of the Individual; nor
does the right necessarily follow and
become an attribute of citizenship. as
we have already pointed out. 1t is n |
right which is conferred, withheld or
limited at the pleasure of the people
acting in their sovereign capacity. Once
granted, it may be taken away by the
same power that granted IL, and it is
therefore not natural right which Is
held to be inalienable, like the rights
of conscience.
Hale VS.. Everett. 53 n. H, 9.
Barker vs.. People. ) Cow. tN. W.
$50
People vs.. Barber, As Hun, 1913.
Anderson VS.. Baker, 23 Md, 531.
Minor vs.. Happersett, supra.
Blauck Vi. Pausch, 113 Ill. Ga.
Morris VS. Powell. l25 Ind, 3l5.
Gauger VS.. Timberlake, 14S Ind, Al. |
Meachem on Public Officers.
Bryan VS. Catteli, l 5 Iowa. 53S.
People IS. Loefler, 81 \. r.. 1856.
Van Ealcanburgh VS.. Brown, AZ Cal.
i3.
a public Office has in it no element
Of property. but 1t is rather personal |
the state and not for the benefit of the
Individual citizens thereof. Nor are the
emoluments of a public Of
flee property i'm any sense, for the sal
lry or other perquisiteS may be reduced
Or otherwise regulated by law at all
times unless such change is forbidden
by the Constitution.
Bryan VS.. CattelI, Is Iowa. 553.
Ex parte Lambert, 50 Ala. 70.
Taylor VS.. Beckham. 17S u. s.. 54S.
Donahue VS.. County of VIII, 100 Ill,
"a.
This is precisely the argument that
The National Tribune has constantly
Preference of men who have rendered
certain duties to the Government c n
never be considered class legislation
Or the establishment of a privileged
class n is mart of "A contract or nm