The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1916-06-03
McMulIen Talks on Eligi-
bility OF Sen. Hudson

The editor of the Democrat asked Hon.
Don. C. McMullen, yesterday, to give his
opinion on the eligibility of Hon. Fred III.
Hudson for governor.
He said:
The popular mind does not regard with
favor the defeat of what is right and fair
by technical rules, even when such rules are
clear, but to invoke the STRAINED and
ILLOGICAL construction of the constitu-
ton by which the opponents of Mr.. Hudson
assert that he is ineligible, OUGHT TO
BRING ON SUCH METHODS AND
THEIR CIRCULATORS, THE DISAP-
PROVAL OF ALL FAIR MINDED PEO-
FILE. CONSTITUTION AND LAWS
SHOULD NOT BE CONSTRUED IN THE
LIGHT OF THE PARTICULAR INTER
ESTS OF PARTICULAR INDIVIDUALS,
BUT WITH A VIEW TO THE ATTAIN
MENT OF JUSTICE, AND IN THE
LIGHT OF REASON AND COMMON
SENSE. The politicians who have raised
this question insist that Mr.. Hudson is dis
qualified by the provision of the constitution
iforbidding senator or member of the
House of Representatives during the term
for which he was elected, being elected or
appointed to any Office the emoluments Of
which have been increased during such
time. Looking at it from legal or COM
mon sense standpoint, such conclusion to
my mind is absurd, and its use as campaign
material il unfair.
The election occurs on the first Tuesday
after the first Monday in November. Mr..
Hudson's term expires that day. But the
curbstone expounders Of the law say his
term as senator doesn't expire until mid
night, and as the election closes at shutdown,
he is necessarily elected governor while the
twilight of his senatorial term still fingers.
This causes an overlapping of the terms of
the two Offices of some five or six hours,
they contend Now Mr.. Hudson has been
elected senator for three successive terms.
Each time he was elected and each time his
term expired on the first Tuesday after the
first Monday in November. If the con-
struction of these people is correct, Mr..
Hudson continued to be senator for five or
six hours at the end of each term after he
had been elected to succeed himself. In
other words he was enjoying the honor Of
two terms at the same time. Does any In
telligent man after a moments thought be-
lieve that Mr. HudsOn's first term as sea-
ator continued after his election to his I'll nd
term, or that Ills second term contin pa
after his election to his third term? Not
assured,y not. A POSITION so RID#I(
ULOUS WOULD NOT FOR A MOMEEN1
BE COUNTENANCED BY ANY PERSON
OF ORDINARY INFORMATION, LET
HIM BE LAYMAN OR LAWYER. 1t is
on an intellectual plane with the contro-
versy of the ancient wise men who conced-
ing all power to the Creator, discussed the
question as to whether or not he could put
the earth in pint cup without making the
earth smaller of the cup larger. Then it
necessarily follows that if his term as SEN
at0r did not overlap his succeeding term as
senator, that his term as senator would
not overlap the time of his election as gov
ernor. So much for the common sense side
of the question, but the legal view is just
as much in favor of Mr.. Hudsons eligi-
bility. OUR SUPREME COURT HAS
NEVER PASSED UPON THE QUESTION,
BUT THE SUPREME COURTS OF SOME
SIX OR SEVEN OTHER STATES HAVE
HELD THAT CONSTITUTIONAL AND
STATUTORY PROVISIONS TOUCHING
THE ELIGIBILITY OF A PERSON TO
HOLD OFFICE, SHOULD BE CON-
STRUED so AS TO UPHOLD THE ELIG-
IBILITY IF POSSIBLE. Then it is an old
maxim of the law recognized by all courts
from the Supreme Court of the United
States down that, THE LAW CARES NOT
FOR SMALL THINGS" Two thousand
years ago, the Roman praetor would have
dismissed this bubble with the remark,
"de minimis non curat lex"-THE LAW
CARES NOT FOR TRIPLES and today it
is matter altogether too small for fair
minded men to give themselves serious con-
Germ about.