Lucas v. McAfee, 27457.

Citation217 Ind. 534,29 N.E.2d 588
Decision Date31 October 1940
Docket NumberNo. 27457.,27457.
PartiesLUCAS v. McAFEE et al.
CourtSupreme Court of Indiana

OPINION TEXT STARTS HERE

On petition for rehearing.

Rehearing denied.

For former opinion, see 29 N.E.2d 403.

TREMAIN, J., dissenting.Appeal from Jasper Circuit Court; Geo. F. Sammons, Special judge.

Wildermuth & Force and John W. Wake, all of Gary, for appellant.

Geo. Hershman and Samuel F. Sirois, both of Crown Point, for appellees.

SHAKE, Judge.

The appellee McAfee has filed a petition for rehearing, and he calls our particular attention to § 8 of article 2 of the state Constitution, which provides that: ‘The General Assembly shall have power to deprive of the right of suffrage, and to render ineligible, any person convicted of an infamous crime.’

This provision is not self-executing, but it has been construed as authorizing the Legislature to enact a statute prohibiting persons convicted of infamous crimes from holding public office, as well as denying such persons the right of suffrage. Crampton v. O'Mara, 1923, 193 Ind. 551, 139 N.E. 360. We perceive no reason why such a statute would not be applicable to members of the General Assembly as well as all other public officers.

If the Legislature has properly added to the constitutional qualifications for membership in the General Assembly, and we think it has, then the question arises as to what tribunal shall determine controversies of fact concerning these qualifications. The appellee McAfee contends that when such controversies arise in connection with a general election, they are for the respective Houses of the General Assembly, but that when they arise out of primaries, they are for the courts. We cannot agree with this conclusion. The Constitution says that each House, when assembled, shall judge the qualifications of its own members, not the constitutional qualifications, and not the qualifications other than those prescribed by statute. When the Constitution speaks of qualifications, as applied to membership in the General Assembly, it must be construed that legislative as well as constitutional provisions were contemplated.

Considering that the statute rendering ineligible persons convicted of infamous crimes and § 7 of article 4 of the Constitution together constitute the law respecting the qualifications of membersof the General Assembly, we are yet confronted with the problem that there must be some tribunal with jurisdiction to determine controversies of fact arising out of the application of...

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3 cases
  • McGee, In re
    • United States
    • United States State Supreme Court (California)
    • 10 Enero 1951
    ...v. Zimmerman, 249 Wis. 237, 24 N.W.2d 504; Lucas v. McAfee, 217 Ind. 534, 29 N.E.2d 403, reaffirmed on denial of petition for rehearing 29 N.E.2d 588. In the Zimmerman case, an injunction was sought to prevent the certification as republican nominee of one nominated in a primary election fo......
  • Lucas v. McAfee
    • United States
    • Supreme Court of Indiana
    • 31 Octubre 1940
    ...29 N.E.2d 588 217 Ind. 534 LUCAS v. McAFEE et al. No. 27457.Supreme Court of IndianaOctober 31, 1940 For former opinion, see 29 N.E.2d 403. [217 Ind. 535] Appeal from Jasper Circuit Court; Geo. F. Sammons, Special judge. [217 Ind. 536] Wildermuth & Force and John W. Wake, all of Gary, for a......
  • State ex rel. Jacobs v. Marion Circuit Court, 49S00-9412-OR-1189
    • United States
    • Supreme Court of Indiana
    • 12 Diciembre 1994
    ...the respective houses of the legislature are the sole judges of the results of the elections of their members. Lucas v. McAfee (1940), 217 Ind. 534, 542, 29 N.E.2d 588, 589. While it is clear that the legislature has given the judiciary a role in this process in IND.CODE § 3-12-10-18, we se......

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