State Ex Rel. Hawthorne v. Wiseheart

I think the petition for rehearing should be granted because the majority opinion appears to be based on a misconception of the prohibition contained in Section 5 of Article III of our Constitution. That section is not a prohibition against a Senator or Member of the House of Representatives being eligible during the time for which he was elected to hold any civil office that hás been created or the emoluments whereof have been increased during such time. The prohibition is that he shall not be appointed or elected to such office during such time. The prohibition applies to the appointment…