The Montgomery advertiser., 1908-04-12

Tn response to . telexram from Chairman H. 6. D. Mallory, Congress man H. D. Clayton has written an able oninion on the qualifications of cleo tors He writes:
 House of Representatives, U. &,
 Washington. April T. 1908. Hon. H. s. D. Mallory, Chairman, etc.,
 Selma, Ala:
 Dear sir--I am in receipt of your tel- egram in which you say:
 Ascertain accurately and write me qualifications of presidential electors sand what qualifes."
 have made careful examination and beg to give you the result, as follows:
 The selection, qualifications and du- ties of Presidential electors are reg ulated in part by Federal. and in part by State Constitutions and laws. The provisions of the Federal Constitution and statutes bearing thereon are as follows:
 <.a Each State shall appoint in such manner as the Legislature thereof may direct . number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative. or person holding an office of trust or proft un- der the United States shall be appoint ed an elector.
 ts.) The Congress may determine the. time of choosing the electors and the day in which they shall give their votes; which shall be the same throughout the United States.
 U. S. Constitution. Art. IT., Sec. 1.
 The Federal laws bearing upon the Sections 131 to 151, inclusive, of the U. S.. Revised Statutes. of which it is necessary to cite only:
 Sec. 131, R. s. Except the electors of President and vice-Presi- dent shall be appointed. in each State, on the Tuesday next after the first Monday in November in every fourth year succeeding every election of a President and Vice-President.
 Act March l. 17s2. c. 8, Sec. 1 Sta. 2s3.
 Act January 2s 1s45. c. c. 5 Stat. 72l.
 Sec. 1s2, R. S. The number of elec- tors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice. President are to be chosen come into office; except that where no ap- portionment of Representatives has been made after any enumeration, at the time of choosing electors the num-, Der of electors shall be according to the then existing apportionment of Son. ators and Representatives.
 Act March l. 17sa. c, 8. Sec. 1. 1 Stat. 22o.
 Sec. 1ss, R. S. Each State may, by law. provide for the filling of any va- cancies which may occur in It's col- lege of electors when such college meets to give it's electoral vote.
 Act January 2s. 1s45,c. 1. Stat. 721.s
 Sec. 1s4. R. s. Whenever any State
  of choosing electors, and has failed to make choice on the day prescribed by law, the electors may be appointed on subsequent day in such manner as the Legislature of such State may direct.
 Act January 2s, 1s45, c. 1. Stat. 721. Sec 135, R. s.. superseded by:
 Be it enacted etc. That the electors of each State shall meet and give their ary next following their appointment. at such place in each State as the Legislature of such State shall direct. Act. February 3. 1887, c. 90. Sec. 1. 24 Stat. 37s. Sec 2. That if any State shall have provided by laws enacted prior to the day ffxed for the appointment of the electors. for it's final determination of any controversy or contest concerning the appointment of all or any of fthe electors of such State, by judicial or other methods or procedures. and such determination shall have been made at least six days before the time fixed for the meeting of the electors. such determination made pursuant to such law so existing on said day, and made at least six days prior to the said time of meeting of the electors, shall be conclusive. and shall govern in the counting of the electoral votes as pro- vided in the Constitution, and as here- matter regulated, so far as the ascer- tainment of the electors appointed by such State is concerned.
 Act February 3, 1887, c. 90. Sec. 3. 24 Stat. 37S.
 The Alabama State provisions are as follows: N- }
 Article XVII. Constitution of Ala bama, 1901:
 Sec. 2So No person holding an of :. ice of profit under the United States. except postmasters whose annual sal- ary does not exceed two hundred dol- lars, shall during his continuance in such office, hold any office of profit under this State; nor unless otherwise provided in this Constitution, shall any person hold two offices or profit at one and the same time under this