Attorney General Ex Rel. Cook v. O'Neill

I concur in the result reached by Mr. Justice Sharpe and Mr. Justice Potter; but I am not in accord with the reasoning by which that result has been obtained. The opinion of the former unduly restricts the powers of the legislative branch of our State government; and the opinion of Mr. Justice Potter appears to me to he based upon the erroneous assumption that the qualifications requisite to serve as a circuit judge are expressed in our Constitution. I know of no such constitutional provisions in this State.

“Where, however, the Constitution does not prescribe the qualifications (for public…