| Show booth Bool liAnd and hammond our supreme court following the decision in the case of ellison vs Barnes 23 U and ond similar cases constructing see sec 10 of article 6 of our state constitution held that they had no jurisdiction in the case ase of the utah urah state press abon against booth and hammond who were holding positions of profit and trust in in tile the abate their seats ent in the legislature st the plan provisions of see sec 61 C of our state constitution ution which rr odes N NO 0 PERSON HOLDING ANY PUBLIC OFFICE OF PROFIT OR TRUST UNDER AUTHORITY OF THE UNITED STATES CROF OK OF THIS STATE SHALL BE A MEMBER OF THE LEGI LATURE then there is the exe exception eption 1 mace haec of notary gullic justice of tic tac pence pease U S commissioner commissio ncr and fourth class claps post ALL OTHERS ARE BARRED but see sec 11 10 defered to above proff each house shall be the judges is athe bithe election and factions of itis ita members so that if there is enough of the me too members ta lecter to the house houie to throw down bars and hold the pi ovi of the constitution in contempt there seems to be no other er arm of our state government that has the power to say eay them nay it then becomes a matter of the members of the house to which such constitution breakers bre akeis are elected to say whether they shall take their seats or not we are still at a loss to know howa how a legislator who craves a seat in or who votes to allow another to take a seat in that body against the allain plain provisions of the constitution can expect the people to have the least respect for foi laws made by a body who so fragrantly violate the he fundamental law a we understand however that hat there ard ra a number of me too members bembe rs in the lower house who ho as a matter of self p kotc voted ato to retain hammond ammond II |
