State Ex Rel. Stain v. Christensen

I concur in the result reached by the prevailing opinion. I think we all agree that where the Constitution prescribes the eligibility and qualifications to hold an office created by the Constitution, the Legislature may not enlarge nor diminish such provisions. The Constitution neither by specific nor general language as to the office of State Treasurer prescribes the giving of a bond for the faithful performance of the duties of the office or to safeguard the funds of the state as a prerequisite to hold the office. As to that the Constitution is silent. A statute, however, referred to in the…