The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-23
WHAT OFHER PEOPLE FHINK
Roosevelt May Be Compelled.

To the Editor of The Journal.
In a news item of the Saturday issues
of your paper, in speaking of the re-elec-
ton of President Roosevelt, you quote
Alfred Henry Lewis to this effect: Be
Ing called to the presidency one must
come. The White House is no toy. Its
bestowal should not be looked upon in
the light of a compliment"
Mr.. Lewis moots a very interesting
question, but he evidently did not speak
of the matter from a legal standpoint
1t is curious fact and it may be of in
terest to the readers of T he journal
to learn that as legal proposition under
the common law, any eligible person
elected to a municipal office at least
could be compelled by the people to serve
whether he wanted to or not. The rem
edy is by mandamus. This was the in
variable rule adopted in England, and a
very full discussion of the question is
found in People VS.. Williams, las Ill. 573,
"A L. R. A. 492, citing a large number
of English authorities as well as a num-
Der of American cases. In the Illinois
case the court compelled Williams to
serve as town clerk, even against his
will. The reasoning of the supreme
court Of Illinois was as follows:
In a republic the sovereign power
rests in the people, to be expressed only
in the forms of law; and if the duty,
preservative Of the common welfare, Ia
disregarded, society may suffer great in
convenience and loss before. thru the
methods of legislation, the evil can be
remedied. Upon a refusal of officers to
perform their functions, effective govern
ment pro tanto ceases. In civilized and
enlightened society men are not abso-
iutely free. All citizens owe the duty Of
aiding in carrying on the civil depart
ments of government. The burden of
government must be borne as contribu-
ton by the citizen in return for the
protection afforded. The sovereign, sub
ject only to self-imposed restrictions and
limitations, may, in right of eminent
domain, take the property of the citizen
for public use. He is required to servs
on juries, to attend as Witness and,
without compensation, is required to join
posse comitatuS at the command of the
representative of the sovereign power;
and he is required to do military service
at the will of the sovereign. In all these.
private right and convenience must yield
to the public welfare and necessity. 1t is
essential to the public welfare, necessary
to the preservation of government, that
public affairs be properly administered;
and for this purpose civil officers are
chosen and their duties prescribed by
law. A pOllllCdl .OISdIliZdllOn must nee
essarily be defective which provides no
adequate means to compel the observance
of the obvious duty of the citizen. chosen
to office, to enter upon and discharge the
public duty imposed by its laws, and nee
essary to the exercise or the functions OF
government"
There are exceptions to the rule and
also many statutory notifications thereof
which are suggested in "a L. R. A. 492.
For example: One elected to two offices
may choose which one ne will accept, and
it has been held that one might refuse
one office for the purpose of qualifying
himself for another, and under the stat
utes of some states may refuse to accept
an office; but notwithstanding these ex-
ceptions the general rule remains az
above stated. And following the same
line Of reasoning it would seem that ~
the people chose to nominate and elect
a citizen as their president who is eligible
and qualified for the office. there is at
least very serious question II he could
refuse to serve; that from the standpoint
of public policy, If citizen is drafted
for public duty he must serve.
III. E. Fryberger.
Minneapolis, July %.