The evening times., 1911-03-20
BOARD Of CONTROL MEASURE WAS
APPROVED BY GOVERNOR JOHN BURKE
Affixed His Name Anyway-Message Covering Ques.
* tion Was Transmitted With the Approval

constitution has made this more
specific (althoush this was hard
" necessary by providing, after
giving the form Of ofncial oath.
that no other oath, declaration or
test shall be required as quail
ification for any office or public
trust. Not only is It evident from
the other provisions In this clause
that all the exemptions referred
to are such as would be appiic-
able in all sorts Of Offices, but
the use of the word test is es-
pecially significant because its
recognized legal meaning in our
constitution is derived from the
English test acts, all Of which re-
lated to matters Of opinion and
most Of them to religious opinion.
Such has been the general UNDER
standing Of the trainers of the
constitutions. II this were not so
and II the power of the legisla-
ture in imposing conditions Of Of
fee Is at the same time only re-
strained by express clauses ap-
plying in terms to officers. and
to no one else, 1t would not be
diflcult for any dominant party
controlling the legislature Ito
perpetuate it's power until over
thrown by revolution. and such.
determinations are as repungent
to the rights Of the voters in se-
lecting as to the rights of those
chosen in assuming Office, and this
cause is but an additional asser-
tion of a principle found in other
parts Of the constitution ex
= pressed or clearly implied.- ::
And Moree. G. j., in concurrin,
opinion said:
But such q law is also directly
In conflict with the plain letter
of the constitution. Section !, ar
ticle % Of that instrument after
prescribing the form of the Of
fetal c'.'il OF. members of the leg
islaturc- and I'LL other Offices, ex-
ecutivc end judicial. concludes as
follows, "and no other oath, dec
laraticn or test shall be required
as qualification for any office
or public trust In my opinion
there can be no doubt but this law
subjects the officers Of registra--
tion and election In Detroit to a
political test. If the two leading
parties in that city be Democratic
end Republican. then any citizen
who cannot by reason Of his po-
litical conscience ally himself to
one. or the other of these parties
Is debarred by law of the right
Of holding one Of these Offices. II
the National and Prohibition part.
les should be the two leading
ones, then the Republican or Dem
ocrat would be ostracized. There
can be no true republican govern
ment under political or religious
test in holding office. The politi-
cal or religious liberty of the cit.
izen being at the foundation of re-
publican institutions. If this law
had provided in express terms
that these various members
should be equally divided be-
tween Democrats and Republi-
cans. its repungance to the con-
stitution would be plainly appar-
ent to all. AS It is. it accomp-
fishes by indirect language the
same result.
The opinion of Chief Justice
Campbell in people VS.. Hurlburt,
"a Mich, 1922, correctly applies
the principle, "that no person can
be prevented from holding office
because of. his political opinions"
That part of section 20, of the stat
quoted is construed b
the supreme court of Indiana in th
case of city of Evansville ct al, v.
state .ex rel, Blind ct al. 11S. In
diana 426. The act Of the Indian
legislature in question in this cas-
classified the citizens of two citie
to which it applied as to the posi