The Punta Gorda herald. [volume] (Punta Gorda, Fla.) 1893-1958, 1916-06-01
McMullen Talks on Eligibility OF
Senator F. M. Hudson

The editor of the Democrat
asked Hon. Don C. McMullen,
yesterday, to give his opinion ON
the eligibility of Hon. Fred M.
Hudson for governor.
He said:
The popular mind does not re-
gard with favor the defeat OF
what is right and fair by technl-
cal rules, even when such rules
are clear, but to invoke the strain
ed and illigocal construction of
the constitution by which the OPP
-ponents of Mr.. Hudson assert
that he is ineligible, ought to bring
on such methods and their circu-
lators, the disapproval OF all fair
minded people. Constitutions and
laws should not be construed In
the light of the particular inter
ests of particular individuals, but
with a view to the attainment OF
Justice, and in the light of reason
and common sense. The politi-
clans who have raised this ques-
ton insist that Mr.. Hudson is
disqualified by the provision of
the constitution forbidding SEN
ator 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
common sense standpoint, such a
conclusion to my mind is absurd,
and its use as campaign material
lis unfair.
The election occurs on the first
Tuesday after the first Monday
lin November. Mr.. Hudson s
term expires that day. But the
curbstone expounders of the law
say his term as senator doesn t
expire until midnight, 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 frs
. Tuesday after the first Monday il
November. II the construction o.
J these people is correct, Mr., Hud
son continued to be senator TO
five or six hours at the end o
each term after he had been elect
ed to succeed himself. In othe
words he was enjoying the homo
of two terms at the same time
/ Does any intelligent man after
moments thought believe tina
I Mr.. Hudson's first term as senate
I continued after his election to hi
! third term, or that his secon
I term continued after his electio
! to his third term? Most assured
! ly not. A position so ridiculou
! would not for moment be cour
4 tenanced by any person of ord
! nary information, let him be lay
3 man or lawyer. 1t is on an int
. lectual plane with the controvers
of the ancient wise men who cor
ceding all power to the Create
8 discussed the question as to wh'
& Their or not he could put the cart
q in a pint cup without making tn
a earth smaller or the cup large
y Then it necessarily follows that
y his term as senator did not owe,
8 lap his succeeding term as sen;
8 tor, that his term as senate
e would not overlap the time of h
e election as governor. So muc
3 for the common sense side of tn
y question, but the legal, view
y just as much in favor of Mr.. HUI
s sons eligibility. Our suprem
g court has never passed upon til
e question, but the supreme court {
e some six or seven states have hel
q that constitutional and statutor
y provisions touching the eligibilit
s. of a person to hold office, shoul
s be so construed so as to uphol
8 the eligibility if possible. Then
e is an old maxim of the law reco,
e nized by all courts from the 81
q preme court of the United Stat,
y down that, "the law cares not fl
y small things" Two thousan
s. years ago, the Roman praett
s would have dismissed this quibb
e with the remark, ode minim
s. non curat lex"-the law car
s. not for trifies-and today it is
e matter altogether too small f,
q fairminded men to give ther
~ selves concern about.
paid Advertisement