The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-10-22
]. ]. WILLIAMS
INELIGIBLE
DOUBT REMOVED
Carefully Prepared Opinion Of
Eminent Memphis Lawyer,
Lovick P. Miles Investigates
Much Discussed Question
and Finds Law Clearly
Settled.

Will J. J. Williams, candidate for
mayor, be eligible to hold the office 4
he shall receive a majority OF votes
cast for mayor al the November cleo
ton, is the question ~propounded.
The legislature has declared IN the
charter Of Memphis, among other
things, that no person shah be eligible
TO act as mayor who has not resided
five years in the city OF Memphis next
preceding his election" tchapter 81. acts
Of Tennessee, 1906; chapter 2ss, acts
OF Tennessee, 1907.
Ii is claimed ife is ineligible solely
because he will not nave resided five
years in the city OF Memphis next pre-
ceding his election, and therefore his
right 10 hold the office musl depend
upon a. whether the charter provi-
sloE prescribing the qualification Of five
s4esrs OF residence next preceding the
election" is valid, and C2) whether, II
the provision be valid, he has been a
resident Of any place, namely, In his
case, Mississippi. within such tiye-year
perlod2 These questions viii be dis
cussed in their order,
OF the validity Of the charter pro-
vision making any person ineligible 10
hold the office of mayor who has not
resided five years In the city OF Mem
phls next preceding his election,
entertain no doubt. The fact that In
HI our stormy Office hENkilk lNlEhltHEf
factIonal ana political years the valid
ity Of the provision has never been
questioned, while not at all conclusive,
certain indicates its conceded consti-
t~utionality.
The legislature has the power to pre-
scribe forms Of government for cities;
Il can create municipal corporations; Il
can grant and, subject to some linir
tations, II can take away their char
iers: Ii can declare, from time to time,
what offices shall exist, what
officers shall be chosen and how
they shall be selected BY the citizens
nr appointed by other authority, The
powers Of the Legislature over the mat
ters mentioned. subject only to the ex-
ercise by the governor OF the veto pow
er, is complete and does not arise pri-
marily from the constitution OF the
stAte.
IN Trigally VS.. Memphis, 9th Cold
well, sS2. the supreme court said that
willis the power Of the general assem-
bly, TO create municipal corporations
Is recognized and therefore authorized
by the constitution, without such rec
IGNITION or express authority, no doubt
could be raised or entertained Of the
existence OF the power And In Hope
vs.. Deaderiek, sth HUMPHREYS, |, the
court declared the legislature has the
" to create municipal corporations
independently Of any constitutional
grant" the doctrine being founded up
on the ancient existence OF sueh cor
porations as means OF local government
In this and other countries before any
constitution of Tennessee was adopted,
See aso!
Memphis Va. L4aski. 9Th Heiskell. til,
Leuhrman VS., Taxing District, 2 Lea,
greenwood ys. state 9Th Baxter az,
D'Connor VIZ. Memphis, 18th Lea, 1870,
Annanhie VS. RattAilp Nth Hpigknll.
ia
Given the power to create municipal
corporations, to grant and, take away
municipal charters, to prescribe forms
Of municipal government and declare
what officers should be chosen and how,
III would seem the right TO prescribe
the qualifications OF such Officers
would be d eoncomitant power, and suot
Is unless the constitution denies II
The rule Ia thus stated by Judge Dil'
Ion In his work on municipal corpora
lions. section s7e
.tWhere there is no constitutions
provision on the subject, the legisla'
ture has the power to prescribe qualt'
fications for officers
And Mr.. McQuillan, in his work on
municipal corporations, section f4S, an
nominees the same rule. declaring that
UNLESS the qualifications are pro-
,ided In the constitution, they may be
defined by statute or charter.
And both eminent authors declare
that among the qualifications most
commonly and expressly prescribed and
sustained as reasonable are those re-
auiring residence for a specified time
within tho municipal corporation
The constitution of Tennessee IL 81.
lent as to qualifications OF municipal
officers. There is no provision with
reference thereto. And, therefore, un.
der the rule announced by Judge Dill
Ion and Nj, MeQuillan and by no au'
thor or court controverted, in the alb
sence Of any constitutional provision.
the legislature has the power 20
prescribe qualification for offices, .
This, to my mind, is made more evil
dent by the repeated declarations OF
our court that the legislative power
TO create municipal corporations, Ia
the selection Of the officers, while
recognized by our constitution, exists
independently Of any constitutions
grant"
Assuming then that in order to hold
the office Of mayor o. Memphis u
will be necessary for Mr.. Williams tc
have reAide fiv wears In the city OF
Memphis next preceding his election
the vital inquiry then Is, whether ht
has been within that period n resi-,
dent OF the state of Mississippi i
he has and our supreme court shoulC
50 hold, he will he ineligible and hi
election 10 the office viii be n vail
thing
II is conceded by him, or cRpahl,
Of proof. that he did move with hi
family from Memphis to, Mississippi
6 tablished there q home, maintalne,
II more than five years, part OF tn,
time being within the five-year period
and within the five year period regis
tered as q voter In Mississippi. an
under the laws of Mississippi aud tn
constitution exercised tho right 4
vote In an election In that state, and
IN connection with his registration
subscribed TO the oath prescribed b
the constitution of the state of Missia
sippi. He claims, however, that he In
tended to reside temporarily In Nils
etssippi. not to abandon his domicile 1
Tennessee but to return at some tim
10 Memphis n resume his residenc
here.
In considering what the stprcm
court of Tennessee will probably hol
upon the facts, II must be rememhere
that the intelligence, age, political o.
nerience and the knowledge OF M
Williams OF the laws generally goN
erning the right to vote, will he cor
sidered also, the court will bear
mind the fact hateevery man is pr,
stunned to know the law Of the stai
within which he lives and elects
exercise the right TO vote, and, final
the supreme court certainly viii r,
solve all doubts In favor Of the mr.,
servation Of the purity Of the bah
and by its decision probably win mr.,
tect the election laws OF it's own sta
as well as OF other states again
abuse.
Mr.. Williams, as stated, gave up Il
htme In Tennessee, moved with Il
family TO Mississippi, established n,
maintained there for more than n
wears a home which he owned, a,
after being there a sufficient Icing
of time TO qualify him to vote, 9th
qualifications existing, elected 10 ia
tioipate IN a legalized election in 1
state OF Mississippi.
Al that time, in order to EMIT
him to vote, the statute OF Mas
sippi, In prescribing the uualific
tionE of officers declared, among OF
er things, tHemmingway's Annotat
code of Mississippi, Section ST.
that every male inhabitant Of III