Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-07-30
AS To LEGALITY Of JUDICIAL
OFFICERS BEING CANDIDATES
FOR UNITED STATES SENATE

because in conflict with the Federal
Constitution, and also because it
was an authorized attempt on the
part of the state of Illinois to fix or
to change the qualifications of repre-
sentatives or senator's. The discus
sion and decision in this case are tC
be found in: Senate Documents, vol.
9, 62d Congress, 1o12-13; Bartlett S
Congressional Election Cases, 61o.
Congressman Marshall, while a
/, member of the Supreme court of Illi-
nois. was in 1855 elected represent
tative in congress, prior to the eNpir-
alton of the term for which ne was
elected. His right to seat in the
house of Representatives being con-
tested on the sround Of his disquali-
fication under the Constitution .oi
Illinois, that body held to the same
effect as the holding in the case Of
Trumbull by the United States SEN
ate. The expression of the United
States senate on this subject is best
set forth in the utterances OF Sena-
tor Foote OF Vermont, in his speech
on the floor Of the senate, in whi III
he said:
at comes within familiar princi-
pie, that the enumeration of certain
requisites of qualifications, or Of GER
tain disabilities to election, is the
negative of all others, and is equiva-
lent to positive prohibition of Eli
authority to impose any Others
The United States senate, being
the court Of last resort, having de-
cIded this question in the Trumbull
case, its decision is final and con-
c1udes the matter for all time.
Alexander Hamilton in one of his
papers, discussing the provision of
the Federal Constitution fixing the
qualifications of United States SEN
ators, said:
"Under these reasonable limita-
tions, Cart. |, sec. 3; art. l., sec. 5)
the door Of this part OF the federal
government is open to merit of
every description, whether native OF
adaptive, whether young or old, and
without regard to poverty or wealth,
or to any particular profession Of
religious faith. .'-Federalist, LII.
v James Madison, in discussing this
provision of the Federal Constitution
fixing the qualifications OF United
States senator's, said
ct has been observed that under
the reasonable qualifications estab-
lished by the Constitution, the door
of this particular part of the federal
government is open to merit of every
description. .'-Federalist, LII.
The decision of the United States
bull, and the decision of the house
of representatives in the case of Con-
gresham Marshall, were made and
became effective in 1855.
1t may 'oe questioned what was the
spirit and intent of the Constitutional
convention which framed the CorGti-
tuition of Nevada in this respect. This
is best answered by the declarations
of that convention itself. Section 4
OF the Act OF Congress, approved
May 21,. A. D., 1864, TIC, enable the
people of Nevada to form a consti-
tuition and state government, and for
the admission of such state into the
Union on an equal footing with the
original states" declares:
That the members of the conven-'
ton, thus elected, shall meet at the
capital said territory on the
first Monday of July next, and, after
organization, shall declare, on behalf
of the people OF said territory, that
they adopt the Constitution of the
United States. WhereupoS the said
convention shall be, and it is here
by authorized to form Constitution
and state government for said terri
tory"-Sec 2l2, Rev. Laws, 1912.
Pursuant to this enabling act, the
Constitutional convention assembled,
and one of the very first acts of
that convention was to declare:
THAT the members of this conven-
ton, Elected by the authority of the
aforesaid enabling act of congress.
assembled in Carson City, the capitol
of said territory of Nevada, and inn
subsequent to its organiza-
Continued on page ~