The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-03-19
Soldiers Also Can Be Elected
While Away in France.
They Need Not Come Back To
Qualify for Duties.
BREWSTER GIVES OPINION
Says Fighting for Democracy
Should Bar No Man.
Opinion Sought by Wife of
Reno County Treasurer.

1
! may be candidates for county office.
qualify and hold the jobs without re-
turning to the state, according to an
opinion today by S. NJ. Brewster, at
torney general. Brewster held that a
man in service who is nominated and
elected to a county office, may provide
bond and subscribe to the oath with
out the necessity of returning to Kan
sas or remaining here to serve his
term.
! The opinion was given Mrs. Roma
Noonan, wife of A. E. Noonan, county
treasurer of Reno county Noonan is
now in the service and Mrs. Noonan
is his assistant in the treasurer's Of
| flee. Mrs. NoOnan asked the county
general if her husband might be a
candidate for reelection and if his Of
| flee would be declared vacant in event
| he is not able to return to qualify.
There is sufficient provision under ex-
| listing law, Brewster held, to enable
Noonan to qualify for and hold the Of
| flee.
| Affect Many EIections.S
! Brewster's opinion will affect cleo
| lions in a number of counties in the
state where officials are in the service
the ground thoroly. Discussing the
| election situation Brewster wrote to
| Mrs NOonan as follows:
You state that your husband, who
/ military service of the United States
4 and that he contemplates running for
reelection this summer. You ask:
First, whether there is any legal
reason why he cannot be a candi-
| date for reelection; and,
Second. in case he is reelected
| whether the office will be vacant if
he is not able to get back here to
qualify on the 9th day of October,
1919.
| nS
say:
First. I do not think that there is
any reason why a soldier in the serv-
ice of the United States may not be a
candidate for election to the office of
| county treasurer and be elected and
qualify for that office The law re-
! quires, of course, that a county treas
urer shall give a bond for the faithful
performance of his duty and that he
| shall take his oath of office, and also
requires that the duties of the office
| be performed. If while he is away
from his office, he has a competent
| deputy so that the business of the
office is not neglected, the purpose of
the law in having the business prop
ierly conducted is accomplished and
the choice should be with the voters
Vas to whom they will select as the
officer representing them in the
office.
Give Power of Attorney.
| second L &c mol see any diIllcutly
in case Mr.. Noonan should be absent
in the service at the time when the
next term of office begins on the 9Th
day of October, 1919. Section 2759
provides for the bond that must be
furnished but that, of course. can be
executed wherever he may be. 1
would suggest that, in order that his
signature may be placed on the bond,
he execute a power of attorney to the
individual who may be his deputy
| authorizing such individual to sign his
name to said bond as principal, such
power of attorney being in ordinary
form. In regard to the oath of office,
Section 6749 provides that all officers
before entering upon their duties shall
take and subscribe an oath or affirma-
ton in a certain form, and Section
1882 provides that every county Off
Ger shall, before entering upon the
duties of his office and within twenty
days after receiving official notice of
his election or appointment, or within
twenty days after the commencement
of the term for which he was elected,
take and subscribe the oath of office
before some officer authorized to ad-
minister oaths, and deposit the same
with his bond.
ton that the oath of office does not
have to be made at any particular
place but only before some officer au-
thorfzed to administer oaths. 1t is a
general rule that a notary public any
where has power to administer oaths
and in my judgment at any time after
Mr.. Noenan receives official notice OF
; his election he can take and subscribe
to the oath of office in proper form
the oath being administered by a no.
tary public, wherever he may be-
whether somewhere in France OF
elsewhere, and if that oath is filed
with his bond within the time the
statute requires, it will be sufficient -