The Montgomery advertiser., 1908-04-12
ts.a,. (sss,. tsss, Code of Alabama.

1907: , ~ " sA On the day prescribed by this Code there are to be elected, by general ticket, number of electors for Presi. | dent and Vfce-President of the United States. equal to the number of Sen ators and Representatives in Congress to which the State is entitled at the time of such election. tMarch 8. 1875 I p. 76.)
 Sec. $50. tissD, t4ss). (s4s,. tfss4, (346.) Code of Alabama, 1907: l The electors of President and Vice. President are to assemble at the offics | of the Secretary of State at the sea, of Government at 12 o'clock noon. or the second Monday in January next af. ter their election. or on that hour or such other day as may be fixed by Congress. to elect such President ana Vice-President; and those of them pres. ent at that hour must at once proceed | by ballot and plurality of votes. tc supply the places of those who fail to attend on that day and hour. | (March 3. 1875, D. 76.)
 Sec. 45i. tls5s). (44o), (S47.) Code of Alabama. 1907: ~ | Each elector for President and Vice. President shall receive eight dollar, | for each day he necessarily attends al the seat ,ofe Government. and twenty cents for every mile travelled to and from the same, to be estimated in the same manner as is provided by law in relation to members of the General Assembly from his county. to be paid | on oath of each elector. by warrant on the State Treasurer. (March 6, 1876 p. .103
 It Is clear. therefore. from the fore. going. that the Presidential elector. is an officer of the State, holding an of- flee of profit and that the dete.mina. ton of the, State, in the manner pro. vided by law (Act of Congress Feb | ruary 3. 1887. 24 Stat. 373) of any controversy or contest concerning the appointment of any or all of the cleo l tors of such State is conclusive. This view is confirmed by the de- cisions of Federal and State courts in which the question has arisen. The office of Presidential eIector is a State and not a Federal office.
 In re Green 134 U. S.. BIT. 37s. McFherson V. Blacker, 146 U. &, i. s5. With the exceptions of the provis- ions as to the number of electors and the tneligibility of certain persons. which provisions are so framed that Congressional and Federal influence might be excluded, the appointment of electors belong exclusively to the States. under the Constitution of the united States. McPherson vs. Blacker. 14s U. S., 1. and bottom of page s5.
 l. The Federal exceptions are Senator or Representative, or person holding an ofice of trust or profit under the United States, Art IL, Constitution of the United States.
 The State laws exclude every per- son holding an oflce of profit under the United States. except postmasters receiving less than s200 per annum compensation, who are ineligible under the Federal Constitution. and every person holding any other ofice of profit at the same time under the State, except notaries public.
 Art. XVII, Constitution of Alabama, 1901.
 Sec. 1467. p. I. Code of Alabama, 1907.
 In addition to the above all the per- sons disqualified by Section 1467. Code of Alabama, 1901, u.6), are made in- eligible to any office.
 And the following under Article ", Constitution of Alabama. 1901:
 Sec. 60. No person convicted of ena- bezzlernent of the public money, brib- shall be eligible to the Legislature or capable of holding any office Of trust or profit in this State.
 The only question open for discus sion is what is an of1ce and who are officers in the meaning of the Federal and State Constitutions and laws gov erning such election. A United States Senator or Repre- , sentative in Congress Is not an ,officer of the United States. therefore. is pro- vided for co nomine. in the Federal constitutional and statutory /exclusions. Federal officers are appointed by the President, by and with the advice and consent of the Senate. by the courts of law and the heads of departments. where Congress has, by law, vested the appointment of such inferior officers.
 Art. IT., Sec. 2 (2) U. S. Constitution.
 As examples, 1t has been held, that an officer of national bank is not an officer of the United States. He is elected by his fellow stockholders and his duties are not public. He is not 6 part of the Government. albeit exe- cutting certain functions under its au- thorityG
 Branch vs. United States, 12 Court of Claims, 2ss. affirmed in 100 United States SIS.
 On the other hand. the receiver of . national bank has been held to be such officer. because appointed by the Treas ury Department.
 In re Chitwood. Is5 U. S.. 443
 A member of a board of examining CT of Pensions (not the Department), ven. 62 Fed. Rep, e2.
 sailmaker at a navy yard. appoint ed by a warrant under the hand of