Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-07-30
AS to Legality
of Candidacy
[Contlnued from page IL

t1On, do ADOPT, on Dehalf or the peO-
pie Of said territory, the Constitu-
ton of the United States."-Sec. 227,
Rev. Laws, 1912.
Here was the spirit and intent If
the Constitutional convention ex-
pressly asserted. By its declaration,
the Constitutional convention OF Ne
vada not only adopted the Constitu-
ton of the United States and these
particular provisions OF the Consti-
tuition of the United States fixing the
qualifications of United States sena-
tors, but it expressly read these pro-
visions into the state constitution,
and thereby declared that the only
qualifications for the office of Unit
ed States senator should De those ex-
pressed in the Constitution Of the
United States itself, and further,
that each house of the national con-
gress should be the judge Of the
elections, returns and qualifications
of its own members.
Section 8 OF article | of the Con-
stitution of the United States, fixing,
as it does, the qualifications of the
United States senator's, and section
5 OF article l of the Constitution of
the United States, declaring, as It
does, that cath house of the Federal
congress shall be the judge of the
elections, returns and qualifications
OF its members, were expressly adopt
ed by the Constitutional convention
OF Nevada; and the spirit and intent
81 the Constitutional convention Of
the state of Nevada was expressly
declared when these provisions of
the Federal Constitution were read
into our State Constitution. More
over, the adoption of these provi-
sions of the Federal Constitution By
the express declaration of Our Con-
stitutional convention was done with
the full knowledge of the interpreted
ton placed on these provisions
by the United States senate in
the Trumbull case in 1855, and by
the house OF representatives in the
Marshall case in thessame year.
Section a Of article l of the Consti
tttion of the United States provides:
THE times, places and name of
holding elections for senator's and
Representatives shall be prescribed in
each state by the legislature there
of."-Rev. Laws, 1912, Sec. 100.
In the case OF State OF Ohio YER
sus Russell, 10 Ohio Dec. 255, the
court held that this clause is the
| only one in the Federal Constitution
authorizing the state to exercise any
control over federal elections, and
that the states authority in this re-
| spect is limited to the time, place
and manner of holding such elections,
and that the exercise of any author
ity not clearly included in the plain
definition and construction of these
words is null and void. The court
| said.
1T has BEN repeatedly held that
it is not within the power of the
state legislatures to superadd Ry-
thing to the qualifications of mem
hers of the congress of the United
States. The Constitution has fixed
the provisions as to the qualifica-
tons of such members"
| Tho C,,Dro,o .o,r II Eio-Io -
The case Of Fleming versus Craw-
ford. Ia L. R. A. 253, said:
Neither the secretary of state nor
he Supreme court of Florida has
power to pass upon the legality Of
an election of a United States sena-
or by the legislature. or of an APP
pointment of a senator by the execu-
tive of the state The power is in
the United States senate alone"
MIR. Justice Story, in his common
%taries on the Constitution, sec. o23,
SAYS:
1T would seem but fair reasoning.
upon the plainest principles of inter
l - lld WIN tHS Sololitttiol
| established certain qualifications nee
essary for office, it meant to exclude
all others as prerequisites. From the
very nature of such provisions, the
affirmation of these qualifications
would seem to imply a negative OF
all Others"
: Justice Cooley, in his work on Con-
stitutional Limitations, holds to the
same effect.
The Constitution of Wyoming con
tains a provision declaring that the
governor of that state shall not be
eligible to any othAr office during
the term for which he is elected.
Notwithstanding this, Hon. Francis
E. Warren, the first governor. of Wy
oming under the Constitution, elect
ed in 1889, was in 1890, while yet