Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-11
governor BURKE
(Continued from page 81

bers of the most numerous branch
of the state legislature.
1--WE are therefore clearly of opin-
ion that the election of Mr.. Faux
ner at the special session of the leg
islature of West Virginia is valid.
ut is insisted that Mr.. Faulkner
was ineligible to the Office of sena.
tor by reason of the provision of the
constitution of West Virginia: NO
Judge during his term of Office shall
practice the profession of law or
hold any other Office, appointment
or public trust, under this or any
other government, and the accept
ance thereof shall vacate his judic-
ial office. Nor shall he during his
continuance therein be eligible to
any political office
"But we are Of opinion that no
state can prescribe any qualification
to the Office of United States senator
in addition to those declared in the
constitution Of the United States.
'This provision according to the
settled rule of construction must be
so construed as to attribute to 1t a
meaning not inconsistent with the
constitution of West Virginia. This
can we'll and properly be done by
holding it to mean Eligible to Office
under the constitution of West Vir-
ginia'
1--WE therefore find that Mr.. Faulk-
ner has been constitutionally elect
ed to the seat in the senate made
vacant by the expiration Of the term
f. M nd 20 n.
titled to take the OATH"
In June, 1852, Lyman Trumbull was
elected Judge of the supreme court
of the state of Illinois, for term Of
nine years, and on February 8, 1855,
he was elected to the senate of the
United States from said state for the
term beginning March 4, 1855. The
constitution of the state of Illinois
provided that judge of the supreme
court should not be eligible to any
Office of public trust or profit in the
United States during the term for
which he was elected nor for one
year thereafter. When Senator
Trumbull presented his credentials to
admission on the ground that he was
Ineligible because of the Inhibition
in the constitution of Illinois. The
committee on elections to whom it
was referred, referred the same back
to the senate. which, acting as a
committee of the whole, established
q precedent which has been since
followed in the case of Lucas v.
Faulkner. This construction leaves
no conflict between the constitution
Of the state and the constitution of
the United States. It leaves both
supreme upon matters upon which
they have a right to speak. It is In
accordance with the doctrine laid
down in the case Of Elk party Sci
bold, 100 U. 8. 81, viz, 1.-THE consti-
are the supreme law of the land, and
to this every citizen of every stste
owes obedience whether in his indi-
vidual or ofncjal capacity. There
are very few subjects, it is true, In
which our system of government,
complicated as it is, requires or gives
room for conjoint action between the
state and national sovereignties.
Generally the powers given by the
constitution to the government Of
the United States are given over dis.
tinct branches of sovereignty, from
which the state governments either
expressly or by necessary implica-
ton are excluded"
The subject of the qualifications
Of United States senator is by i'm
plication necessarily excluded, for
the constitution of the United States
4
fications of a United States senator.
When a state constitution provides
that certain officers shall not be elig-
ible to any Office during the term
for which they were elected, it
means such Offices as are provided