The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1907-07-20

gate 90 the constitutional convention,
and having some doubt as to my eligi-
bility, / asked the attorney general for
his opinion upon the question.
he had just given an opinion TO
Judge Sharpe upon the matter, and he
sends me copy Of that opinion. hold
ing that circuit judges are not eligible
as delegates. / enclose the copy Of
opinion. and suggest It's publication.
This settles the matter Of my can
didscy Under no circumstances would
accept nomination. Thanking my
friends for their Kind words on the
subject. must request them TO look
elsewhere for candidate.
Respectfully,
j. w. STONE.
Mr. Bird . letter 10 Judge Sharpe
follows
July IL, 1907
Hon. Nelson Sharpe,
West Branch. Michigan
My Dear Sir In pursuance OF my
promise few days ago 10 write you
what my opinion was with reference
20 the eligibility Of circuit judges for
delegates 20 the constitutional conven-
tion will say that | am of the opinion
n that article O. section 8, is a prohibi.
wtion against circuit judges icing
members OF the constitutional conyen-
tion. OF course AZ you know, IL turns
upon the question as 10 whether
membership In that convention consti-
tutes an office While il is more or
less close question. | am impressed
that IL should be 50 construed Again
|, think the two offices are incompat-
ible As member Of that convention
you will quite likely be called upon 10
fix your own salary and you might be
called upon, as circuit Judge, after the
work was over, 10 pass upon your own
work such as the self executing clauses
OF the constitution and this would re.
suit in your being both lawmaker and
jurist
There Is valuable note 10 be- found
n the I'D A decisions, page 1863. IL
you have not already seen IL you win
find II very instructive upon this ques-
tion
regret being Obliged 10 come 70 this
conclusion on your account and also on
account of some other circuit judges
that | know by reputation. but, as You
Know, these considerations have 10 be
put aside In legal matters.
Very truly yours.
JNo E BIRD,
Attorney General
That things have shaped themselves
30 that Judge Stone cannot be mem.
Der of the constitutional convention
will occasion much regret throughout
his circuit He was not seeking the
Office. his name being first suggested in
the connection by the newspapers but
the suggestion was one that met with
a cordial reception and many expires
sions OF desire that he be nominated
were heard. Other upper peninsula
judges were also suggested as excellent
men to be sent from the other senator
ial districts, and the movement 10 nave
liberal representation OF judges also
was in full swing in the lower part Of
the state. II being held that these men.
because OF their ability in law and
their judicial cast OF mind, would make
the best kind Of delegates In gather
ing of the character OF the constitu-
ional convention. However, Judge
stones example OF declining. in the
light of the attorney generals opinion.
20 allow his name 10 be used will be
generally followed
Attorney General Bird in addition
10 ruling against the circuit iugdes
eligibility for the convention. has
AIKEN the same position wit regard 10
Legislators. and In mis- opinion a. es
these words
The legislature has the same right
10 increase the emoluments. abolish.
extend OF this power OF the legislature