The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-09-20

felony shall continue to exercise hi
right to the elective franchise and ia
enjoy the privileges and prerogatives
OF IN elector. The rights Of the pub
lie must be paramount to the rights
OF the individual :. It is true that
this may work hardship upon the
individual because It Is possible his
conviction may be reversed upon ap-
peal and ultimately he may be found
innocent but on the other hand,
his conviction may be affirmed
presumptively It will be-and we would
have the anomalous situation Of an
individual holding the great office OF
governor OF a state found by the Jury
to be guilty Of felony and sentenced
to federal penitentiary."
The court called attention to the
manner in which officials may be i'm
peached by the legislature, pointing
out that when the house votes i'm
peachment, an officer Is suspended
from office automatically, pending
trial by the senate.
IT 1t seems harsh to deprive q citi.
zen Of the right OF franchise and the
consequent right to hold office after
his trial, conviction and sentence In
the federal court. what can be said
Of the provisions Of Section lo8 OF
the constitution which deprives a
constitutional officer OF his right to
hold office and to exercise the duties
thereof upon mere impeachment be-
fore trial and before there has been
any conviction"
Defense Cases Not In Point
The court called attention to cases
cited by the defense in support Of its
that an appeal from a
conviction Of q felony suspends the
disqualification as well as the penalty
for punishment. The cases. the court
said ARE not In point because In all
Of these cases the record conclusive
~ shows that the court found there
had never been q conviction Of a
felony for the reason that while. yer.
diets Of guilty had been returned, mol
had ever been entered
upon such verdicts or that judgments
had been suspended and therefore
there had never been q completed
conviction within the meaning Of that
term.'
Pointing to Florida supreme court
decision. the opinion said it was "the
only case We have discovered which
holds directly in accordance with the !
contention" In that case
Il Florida court held "a conviction
Is not operative while q supersedeas
Is effective" The opinion continued.
however, that mo reasons are stated
and no authorities are cited in support
81 the holding"
I'VE therefore conclude from a re.
view Of the authorities, that when q |
Is convicted Of a felony In !
this state, his disqualification as an
elector attaches Immediately, and that
this disqualification Is not suspended
By his appeal and the furnishing Of a +!
bond"
Following the LANCER Opinion, the
decision In the Voger case
said regarding the highway commits
'ioner that having been convicted Of
J felony there was Immediately q vac
ancy in the office Of the state
highway commissioner" Vogel claim
ID he could be removed only for q
cause after q hearing.
The governor knows" the opinion
says, that II incumbent has been
convicted Of felony, automatically
! vacancy occurs and he has the power
Ind authority to fill the vacancy. He
need not take steps to remove from
3ffice. The conviction. did this. The
vacancy. Is IN incident TO the con-
viction.''