The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1922-03-08
IS BRYAN ELIGIBLE :?

The question has arisen, "W;ll
Bryan run for the Senate" and the
peerless modestly says he will if he
| is called" We all know what that
means.
Another question, the answer to
which should be more immediate and
simple, is, as Bryan eligible?"
Section 20 of Article XVI: of the
Constitution of Florida says:
"The governor and every state of
! fcer are hereby prohibited from Civ
| ing certificates of election or other
credentials to any person as having
been elected to the House of Repre-
sentatives of the United States Con-
gress or the United States Senate
who has not been five years citizen
of the state and ten years. a citizen of
the United States, and qualified
voter"
Mr.. Bryan has not been citizen of
Florida for two years. He was a citi-
zen of Nebraska in the last presiden-
tial election. If he is nominated and
receives a majority of the votes, our
state officers cannot give him a certif-
cate of election without breaking the
law they have sworn to uphold.
But" say Mr.. Bryan's friends, "the
constitution of the United States i'm
poses no such qualification; therefore,
Mr.. Bryan is not bound by it."
The United States government rec
ognized the constitution of Florida
thirty-six years ago. The constitution
of the state of Florida conflicts with
the national constitution on one point.
The state constitution says man to
obtain the Office of senator must be a
citizen of the United States for ten
years; the. national constitution says
he must have been a citizen of the
United States for nine years. If Mr.
Bryan had been citizen of Florida
five years and a citizen of the United
States nine years, he would be eligible
to the senatorship, notwithstanding
the ten-year requirement of the Flor
ida constitution.
But Mr.. Bryan has not been a citi-
zen of Florida for five years.
We have seen it expressly stated by
lawyers of high degree that the
states possess any legal right that the
constitution of the United States does
not prohibit them from possessing.
The constitution of the United States
does not say that the state of Florida
or any other state has not the right
to put five-year requirement on a
citizens being eligible to represent it |
in the Senate; therefore, that law
must be valid
: If Mr. Bryan lis a democrat and be-
heves in state rights, he will not try
to have the constitution of the state
Of Florida set aside totfavor his per-
sonal ambition.
Other friends of Mr.. Bryan have
been parading the argument, or rather
making the threat that the national
constitution says each house shall |
be The Judge of the elections, returns
and qualifications of it's own mem
bers," Very true. But it does not
seem to US that the people, least of all
the people of any Southern state,
want thisaearried to anything like an
unreasonable extent. 1t is likely the |
of Florida will have this
year a candidate for the Senate. 1t |
is extremely unlikely that he will re-
ceive a large vote. But it will be in |
his power to claim a large vote, and
it will be in the power of the republi-
can Senate to seat him.
How would Mr.. Bryan and his
friends like that They would de-
nounce the Senate, of course. But
the Senate would be no more law
breaking, no more given to setting
aside principle for political expedi-
ency, than the people of Florida will
be if they "call" Mr.. Bryan and Mr.. |
Bryan accepts.
Another argument of theirs is that |
other prominent men have practically i
done the same thing, and got away
with it. Two or three wrongs do not |
make one right, and if the people ex-
pect the law that should protect all
to be respected, they must discourage
those who would set it aside to suit |
their personal or partisan convent
ence
All of us, citizens of Florida, have
taken solemn oath to obey and up
hold the laws of our state. William
J. Bryan has taken that oath. Our
governor and other officers have taken
an oath to not only obey the law but
enforce it. When any citizen of this
state asks William J. Bryan, with the
mud of Nebraska yet on his shoes, to
run for the Senate, he breaks his |
word. for in his request he