The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1913-10-23
Cites Decisionof House
In Exactly Similar
Case.
STATE CAN'T SAY
What Are Qualifications for
Congressman, Because Fed
eral Constitution Does.


Aberdeen, S. DIN response to
attacks that have been made on his
eligibility to election to congress be-
cause the constitution of South Da-
kota tsection 35 of article 50 reads
as follows: mo judge of the supreme
or circuit courts shall be elected to
any other than a judicial office, or be
eligible thereto, during the term for
which he was elected such judge. All
votes for either of them during such
term for any elective office, except
that of judge of the supreme court,
circuit court or county court, given
by the legislature or the people, shall
be void" Judge Frank McNulty, who
sometime ago announced his candid
acy for the republican nomination
for congress from the Second district,
has issued a lengthy statement, in
which he lays In part:
Section 26 of article 6 of the same
constitution contains the following:
And the state of South Dakota is an
~inseparable part of the American I'M
lion and the constitution of the United
States is the supreme law of the
land
Prom the above it will be seen
that the trainers of the constitution
did not intend to interfere with n
matter regulated by the constitution
of the United States.
Section 9 of article / of the ron.
stitution OF the United States fixes
the Qualifications of
in congress and IT tberehv nrovides
that any person shah he elipible as a
representative who is 25 wears of age
seven wears n citizen of tho ITnitad
States. and an inhabitant Of that state
In which he shall he chosen. IF he
constitution ar laws of this state
could provide that no nerson sho,,ld
he eliaib,e as a renresentatiya IN con
press who Il d iu,dga NJ M circnit nv
sunreme court II could with eon.,
force provide that no nerson not horn
in tb;s state could he a,ectaa 10 oon.
gress or that nd nerson wSho bad avon
~attended collage should he e,actad or
Inv adding any nnmher of od;dt;onal
uua1ifications nracticallv nn,Iifvino
the nroyisions ar tho const}tntion ~
ithe United States " \ .
Sc y y "Section 3 of article G of
the constitution of the Irnitaa states
requires that nh legislative eyecu-
tive ana n dic,al offfrers botb of inc
limited States and Of the several Stat
les shall be hound nv oatb or .frirma
tion "a snnnort Tho constitntion ~ tI,o
l~ITnitea states n would seom fro,n tl,e
above thot no further .rgnmant
would be ]reonired "a convince an in
tellipent nerson that a iudee ;s not
~disoualif;ed hrt s~act;on < of ]artioIe
n of the federal constitntio, nrov;des
that each house shall ba Tho irdoa ~
the elections. returns and onolifica.
tions of ;ts own n,an,hans a y
The nrecise ones, ion nndar discussion
has been before the honse If ronra'
sentatives ana tho ci+otion IN tbo ra
morris where tho dec,sion NOV ho
found is as follows. Tnrlav VIC Mo-
shall 1 Part 1917. Fnnke VIC rnrm
hull 1 Rart 10Y In "a rrao+;so or
the American raw If E,ectiors, NV
Ceorpe w Mccrarv l.ta indga af ~.
I1n;ted st,tas o,rcr;t oorrt ~ ~
Ipighth pirpuit and form arlv a nnor,hov
of tho bonsa NJ anrasanto.iras 40
chairman Of the comm,ttae IN e,ac
tons as section 9oe nm 90 oae
thereof savs. .rbe constitution ~
Tlinois in 1e4s nroy,Sed &c s%o1,oas.
"Tha udpas of No svnra,na .na a;n
cuit courts sbal, NOT be e,iy,h,a IN INV
other Office or nnhl;c trust or nrnfit
lin this state or IN TtJE IINTTEn
STATEs during tho term for Which
thav arc a,aotad No. Gov ona naon
Thereafter All votes for ether ~
them for apv elective office excent
that of judge of the supreme ar
~circuit courts. given nv the ~peneral
ASSEMBLY or tho s~neonle shan he
void"
/" The house of ranresanto+;ve,
held that This cianse a. the constitn-
ton of Illinois so far Al II related n
1.-THE election of members of cor aress
was void. because in conflict With the
federal constitution. and also because
lit was an UNAUTHORIZED attemnt on
the part of the state OF Illinois ia fin
or to change the qualifications of re-