The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1910-07-20
DECISION IS OF
LOCAL INTEREST
ATTORNEY GENERAL SAYS PROS.
EcuTlNG ATTORNEY OF KE-
WEENAW MUST BE RESI-
DENT OF COUNTY

The annual report of Attorney Gen
eral John T. Bird OF Michigan. for the
fiscal year ending June 30, 1909 just
at hand, contains an opinion from Mr..
II Bird relative TO the question whether a
| person not a resident of the county
may be elected and hold the Office Of
prosecuting attorney. Mr.. Bird holds
that he cannot and cites decisions to
uphold his views The opinion direct
| ly concerns Kewecnaw county II being
given I'm answer To n question asked
by Attorney j. A. Hamilton, of All
meek, who has entered the field for
the prosecuting attorneyship again
this year. AS 1t is understood that sew
eral Calumet attorneys are considering
making the run for the position, the
decision is of considerable public in
part rs quoted from Mr.. Birds report,
81 as follows:
September 4, 1908.
Mr. J. a. Hamilton, Allouez. Michi-
gan:
Dear Sir-I have your communion
ton of August tenth, which reads, in
part, rs follows:
Can a political party legally nom
mate man who rs not resident of I
the county for the Office of Prescott
ing Attorney, 50 long as there is an
other man in the county qualified for
tho position, even though he belongs
To different party?'
In reply thereto would say, your
communication raises the question
whether or not person who is not a
resident Of your county may be elect
ell to and hold the Office of Prescott
ing Attorney in your county.
Section 3 OF Article Y, of the Con-
reads, in part, as follows:
In each organized county there
shall be n sheriff, a county clerk.
county treasurer, a register of deeds
ana a prosecuting attorney, chosen by
the electors thereof, once i'm two years.
AMI as often as vacancies shall hap
pen, whose duties and powers shall
be prescribed by law"
The foregoing is the only provision
in our Constitution which has any A.,
bearing upon this subject. Strange
ts it may seem. there is no express
provision of law requiring that a per- ,
son must be a resident and elcctor of ,
he county as condition precedent to
MS right TO be elected to the office of Z
Prosecuting Attorney There is good !
'eason for holding. however, that {
DersCn must be a resident and clector
IF the county i'm which he desires to Z
hold the office. ,
The rule which seems To be con- {
trolling is set forth by Throop on
Public Officers, pages 81 and So as {
follows: I
'It may also be laid down as a gem 5
'ral principle, founded i'm the nature q
IF representative government. which {
presupposes the electors, except i'm /
particular instances to elect from 4
lmong themselves that no person can 4
20 elected to any Office who is not c
himself possessed OF the requisite q
qualifications for an clector; and {
whatever other and different qualin-
'ations or disqualification may be (
pecifled, every person who Is voted q
or . must. at all events, possess u
he qualifications, and be free from {
he disqualihcations which attach to 7
he character OF an elector." Iii
IL is also said that: I
where no limitations are prescribed n
however. the right to hold a public Of I
ice undtr our political system is an a