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A Constitutional Question

A Constitutional Question image
Parent Issue
Day
17
Month
January
Year
1873
Copyright
Public Domain
OCR Text

rom thu í roo l'ress. Wo havo received froin a correspondent at Hillsdale, a communication which raises a very iuteresting constitutioua question and ono which bas nover, so far ns we are aware, been authoritatively settled : Can the incumbent of of a county office be legally elected to the Legislature, even though his term of office expires beforo his term as a member of the Legislatura begins 'i The answer given by our correspondent seems to be tho true one, not only for the reason which he giveSi but íor the additional reason that in no other way can any forcé whatover be given to the clauso of the Constitution referred to. It seems quite clear that the Contution meant to preclude county offieera froin using their positions to secure seats in the Legislature, or meant nothing, and the latter is hardly an admissible supposition. The following is the coinmunication : Hillsdale, Jan. 13, 1873. To the Editor of thc Detroit Frce Press: In these days, when Constitutions seem to be nothing more than elay in the hands of political potters The Frce Press has firnily held to the good old Democratie doctrine of strict construction, and for that leason I have faith that some good may come by callingyour attention to what seemsjto me tojbe an opeu violation of the Constitution of this State in the "mako up" of the present Legislatnre. It is provided by section six of article four of tho Constitution that " No person holding any county office shall bc eligiblo to or have a seat in either House of the Logislature, and all votes cast for txich person shall ie toül." At least t wo me inbers of the Legislature now in session are holding their scats in violation of this provisión of the Constitution. MeGowan, Senator from Branch County,. was Prosecuting Attorney for that county at the time of . his oleotion, and remained bo until January lst, 1873. Shaw, meaiber of the Lower Ilouae from Saton Bapul, was Probate Judge at the mie oí' liis eleetion. V;ts i.ot eyery vote ast foï_these individuals ' vuid" ; are not ha persons who rcceived the liighst number of legal votes at the late eleoticn n tiieir respective legislutive and Senaorial dibtricts entitled to the places now ïold by theui by virtue only of " voifl " votos r

Article

Subjects
Old News
Michigan Argus