Adams v. Mathews

TERRELL and THOMAS, Justices

(dissenting) .

The majority opinion disposes of the question brought here on authority of what we decided in State ex rel. West v. Gray, Fla.1954, 74 So.2d 114, which was a mandamus proceeding brought to determine the effect of Article III, Section 5, Constitution of Florida, F.S.A., affecting the eligibility of the Honorable Charlie E. Johns to become a candidate for the office of governor to fill the unexpired term of Governor Dan McCarty.

The provision of the Constitution involved is Article III, Section 5, which provides:

“No Senator or member of the House of…