The Montgomery advertiser., 1908-04-12

II ~
 the Secretary of the Navy and seal of the Department Is an oficer of the United States
 Sanford vs Boyd, 2 cranch C. C.. s7i. | A United States Commissioner is an oficer duly appointed by the United States Circuit Court. under authority of the Constitution. therefore undoubt- edly disqualified. although 1t has been held that a state justice of the peace. while authorized to arrest and commit | persons violating the Federal laws, does not thereby become an offcer of the United States. Ex parte Gist, 2s Ala, 156. and such justice, of the peace Is specially excepted by the State Con- stitution but disqualified by the Code | of loD7 .'' .t A notary public is not such oficer and therefore not disqualified under l the State Constitution.
 | Kirksey vs. Bates, ' Porter, 62s. l Governor vs. Gordon. IS Ala. 72. | The enrolling clerk of the Legisla- | ture is only an empioye. and not an | officer; neither Is an attorney. A special deputy employed and au- thorized by the Sheriff to execute e particular process is an ofYicer of the State within the generic meaning of the term and of the statute against resisting an officer in the discharge of his duty.
 Andrews vs. State, 7s Ala. 4s3. 1 Pentecost vs. State. 107 Ala. sf. Mayors of cities and incorporated | towns have ex officio powers of justice of the peace, and usually hold the po- lice courts. Therefore. doubtless incl igible on account thereof. It has. been held that the following are officers within the meaning of the Constitution and laws, A police judge, in Montgomery V. State. 107 Ala. S72. A state printer. in ex paste Screws. | 4e Ala. E64. ,.s,
 County solicitor in Diggs V. State. ls Ala, 326
 It has been held that administrators. general or special, are not such officers, | in Mitchell v. Nelson, 70 Ala. 90. These exceptions are 50 plain and explicit as to need no elaboration. Every person holding any ofice of trust or profit under the United States, or of profit under the State, except mo- taries public, is specifically excluded from serving as Presidential eiector. Under the general provision that i'm hibits any person from holding two of- fees of proft at one and the same time in Alabama every other office holder Is made ineligible for elector. A notary public who is at the same time an ex-ofiicio justice of the peace probably would be held to be disqual- flied, also.
 In addition to once holders of every description under the States and the United States. all the persons mention ed in Section 50 of the Constitution of 1901, and Section 14e7 of the Code of 1907, are disqualified. these embrace all persons not entitled to vote. who have been convicted of crimes involving moral turpitude, whot have been con- cerned in challenges to fight and against whom Is an unpaid judgment for public moneys.
 For@all executive and legislative and Judicial officers in Alabama, the Con- stitution or Code seems to require cer- tain age, residence. etc. qualifications, but for the ofiice of Presidential cleo tor I find no regulation other than that the elector shall be duly qualified to vote at general elections in the State shall not be within any of the inhib- tied classes under either Federal or State. Constitution or laws herein above mentioned. and shall not have been con- victed of certain classes. of crimes named.
 The definitions of office and officer are many in number but uniform in character. They will be found collect ed st pages 4e20- 4923, Vol. VI. Words and Phrases Judicialiy Defined. and their general tenor is as follows: CD A right to exercise' public function or. employment and to take the fee belonging to 1t.
 olmstead V. City of New York, 42 N. Y, Super ct. (1e Jones & s.). 4si, 4s7. t, .sa. st
 quoting 2 Bac Apr. (Ed. 1s7s>, p. 27s (ohice.0
 I2) An oface consists in 6 right. and correspondent duty, to exercise pub lie trust, and to take the emolument belonging to 1t.
 (Kent) citing Blair V. Marye. 30 Va.s ls5, and numerous cases (3l It is right to exercise pub- lie or private employment, and to take the fees and emoluments in which one has a property and to which there are annexed duties. and oaths to support the. Constitutions of the State and United States. Without further amplincation. my conclusion is that only a person duly qualified to vote in a general election of the State is eligible to be sPresi- dential elector. or to be voted for as such. in the State of AlabSma: that United States Senators and Represent atives in Congress, and every person holding any ofice of profit or trust under the United States, or any office
  cludes every person required to take and subscribe to an oath to support the Constitution of the State or the United States, is disqualified by law from holding or being voted for elec- tor for President and Vice-President as well as all the other persons disquali- fled from holding office generally.
 My advice is that. as one vote may be. as important in 1908 as 1t was in 1887. the least risk should not be taken. but only private citizens. unduestion- ably disconnected from public ofice or employment. fully qualified to vote and hold ofice at the election. should be voted for as eector for President and Vice. President this fall.
 T have been compelled to delay in answering your inquiry by my inabil- ity until today to obtain a copy of the new Code. only promulgated by the Governor April 1st. and which goes into effect May 1st. and therefore governs the election of 1908.
 Very truly yours,
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