The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-06

(COnCnu6Q from rage One.J
'sThe constitution, by prescribing Ger
tain qualifications enumerated in the
section just quoted, according to we'll
settled rule of construction, excludes all
others. The states have no power to
super-add other qualifications, for the
reason that such power cannot, in the
nature of things, be found among the
reserved rights Of the states, and no
such power is delegated to them by the
federal constitution. Congress is the
creature of the constitution of the
United States, and the right of the peo-
pie of the several states to representa-
ton therein is derived wholly from that
instrument, and the states could not
have reserved the right to prescribe
qualifications of members of congress,
when the right to elect them at all grew
out of the formation of the national
government.
1.-THE question involved in this contest
is not a new one. It has been too well
settled to require further elaboration,
selves with a reference to a few or the
authorities on tie subject:
"Now 1t may properly be asked,
where did the states get the power to
appoint representatives In the nauonai
government? Was it power that
was adopted? If derived from the
constitution, must it not be derived
exactly under the qualifications es-
tablished by the constitution, and none
others? If the constitution has dele
gated no power to the states to ada
claim any such power by the mere
adoption of that instrument, which
they did not before possess?
1.-THE truth is that the states can
exercise no powers whatsoever, which
exclusively spring out of the exist
ence of the national government,
which the constitution does not dele
gate to them. They have just as
much right, and no more, to pre-
scribe new qualifications for rep
resentative as they have for presi-
dent. Each is an officer OF the
Union, deriving his powers and quail
| ifications from the constitution, and
neither created by, dependent upon
nor comfortable by the states. 1t is
no original prerogative of state
DC wer to appoint a representative, a
senator, or president for the Union.
! tStory on the Constitution, vol. l,
sections 626, 627)
THE question whether the individ-
uaI states can superadd to or vary the
qualifications prescribed to the rep
resentative by the constitution of the
United States is examined in Mr. JUS
tice Story's Commentaries on the
Constitution, vol 1, pages SO to 1OS,
but the objections to the existence OF
any SuCn power dpP0dES " liz ~ OS
too palpable and weighty to admit of
any discussion. Il Kent's Common
taries, page 228, note F.)"
Reviewing the matter in his own
language, Seantor Waggener said:
There have been many cases, both
| in the house and senate, raising the
same questions; and uniformly it has
| been decided that the qualifications
prescribed by the state constitution
have no application whatever. These
| precedents should put at rest any
claim or contention that Judge
Thompson is not entitled to be elected
| United States senator, because his
| term of office as judge has not yet
| expired"
While there has been flood of let
| tiers, kilograms and interviews from
members of the 1913 legislature con-
corning Judge Thompson and his cam
didacy. each and every one has been
an endorsement of the Garden City
man and a pledge of support And
amidst all the clamor and protest as
to his qualifications, not one member
of the coming session has been found
who has declared he will not support
Thompson by his vote on tia joint
ballot OF the two houses.