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Show cf "I y Tc! tai;!y fivca r.!!, ec :::t.- -r? cnl cncourae;::cnt to jn-ens eegjed ia Lo.-tility to tie United States." Jt h very evident tHt the last word was net fpc!:cn ul.cn Brother "B. C. W." Y.rcte Lis f ; 'ci.il ilea for Ilr. Pmoot in the "arch number of Law "Notes.' Itia just es interesting to learn that other earned authorities are to be found on the opposite shle of the fence. Thp Other Sli? of ca' Arsuiscntf. Pne story is good till another has been told. It is all very well for the friends' of Senator Smoot to ' republish the things said in his behalf, but it is just as interesting to hear what the other side says, tool Here we have E: a W.,v in the March number of Law' Notes, discussing the subject of Mr. Smoot's . constitutional qualifications with all the acumen of ' a special pleader. But the very authorities he cites are on record as against his contentions. Here are the two points made by "E. C. W.": . Legislative, bodies almost since the beginning of history have been more jealous of their prerogatives preroga-tives than pionarchs or courts, and it would be fu-to fu-to d,eny that one of the prerogatives of the great legislative bodies such as the Roman Senate, the French House of Peputies, and the English Parliament, Parlia-ment, has been to be the judges of the right of a member claiming admission to occupy his seat. It is not difficult to perceive how the United States Congress has been following this precedent, and especially es-pecially when the Constitution of the United States says, 'Each house shall be the judge of the elec-. elec-. tions, returns 'and qualifications of itsown. members.' mem-bers.' ' :,- f'lf this were all that the Constitution said in this; regardjao one'could gainsay the right of the respective re-spective houses of Congress to continue to act in an arbitrary way on questions of seating or unseating any one who presents himself as having been elected elect-ed by any of the several States. .' . ,. ?Tbe Constitution, however, further provides: Xo person shall be a Senator who shall not have attained at-tained to the age of 30 years, and been nine years a citizen- of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.' (Const: U. S.,Art. 1, Sec. '3.) -"I ':. . " - "By every known rule of construction it would seem that this clause limited the Senate in judging of the qualifications and election of its members. ' To take any other view of the'ease would inevitably lead; one to the conclusion that the United States Senate can superadd qualifications for its members 'to, those already specified in the Constitution. The very enumeration of these qualifications excludes the jdea that any others are intended." He cites the easel of "that eminent jurist, Lyman Trumbull," who) was elected to the Senate from Illinois, "Lewis Cass, United States Senator from Michigan, presented pre-sented the objection of certain citizens of Illinois to the $eating of Mr. Trumbull on the grounds that the Constitution of the State of Illinois provided that no Judge of the Supreme court would be eligible to an office under the United, States during the term for which be was elected, nor for one year there-, after. Mr. Trumbull had resigned from the Supreme court of Illinois a short while previous to his election elec-tion to the Senate, and came within the Illinois Constitutional Con-stitutional provision. The Senate overruled Mr. Cas'si objection on. the grounds that the State of Illinois had no right to add to the qualifications of a jnited States Senator others than those laid down in the Constitution of the United States. U the sovereign sov-ereign State, electing a Senator to represent it in the United States Senate, cannot prescribe that its. representative shall have such qualifications as it deems lit, how much less, then, has the Senate itself J the right to make them?'' This very Senator Trum- bull in the ase against Benjamin Stark," appointed 1 a Senator from Oregon in 1862, reported: "It is admitted that neither the Senate, Congress nor a State can superadd other qualifications for a Senator to those prescribed, by the. Constitution, and yet either may present a, person possessing all those qualifications and duly elected, from taking his seat in the Senate." Mr. TrumbuU illustrated by several striking examples, and then asks: "Boes any one doubt the power of Congress, under this, clause of the Constitution, to declare that a person convicted of treason should forever be incapable of holding - any office under the United States?'' The trial of the case of John M. Niles, elected Senator from Connecticut Con-necticut In the Twenty-eighth Congress, established the right of be Senate, te protect itself and "to exclude- a. person possessed of every qualification which the Constitution required.'' On March 4, 1SG7, Senator-elect Philip F. Thomas of Maryland, presented his" credentials and- was. excluded because |