Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-06-30
AS TO JUDGES.
should there De a Statute OF
Limitations rs To their Political
Aspirations

Correspondence OF the Register
The latter clause of section II Of arti-
Gle 5 of the State Constitution reads as
follows:
"No Judge, during his term of Office,
shall practice the profession OF law, or
hold any other office, appointment or
public trust under this or any other
government, and the acceptance thereof
shall yacate his judicial office; nor shall
if, during lees continuance hsr,ia, b. digi-
Is % qug political otics."
This provision was evidently intend
cl. viewed in the light oi any fair con-
structiou of words, as a limitation upon
persons holding the Office Of judge. To
me 10 seems % say. "Mr Judge, having
accepted a judicial office with this Con-
Sti,utiOnal provision staring you in the
iare. YOU are iiSburrtd So far as politics
are concerned; and SO long as you re-
mann ON the bench, YOU shall not even
bee Iig.li. % a political Office, Much
muv depend ON the true meaning oi
eligibility - herein expressed. Web
-trr. In his definition of the word IN
this sense, saws IL IL "CIpablilty oi be-
iug chosen % an office, "wurthlneSS or
fitness tO be chosen the state or quail
itv Of thing which renders il preferable
t1anOthcr.' NV impression Is although
this provision in substance may be found
In the last Constitution ul Virginia prior
ru tine war; that the Convention, shocked
40 the cuurmitieS of some uI the Rcpub-
Hrau Judges, put into our new CunStl-
tuition th, clause / have quoted above,
with % iNrj and firm determination
to riI the Bench Of the aimrrmrnts
If political life. to make thr Judge an
impartial cOnScryutOr ui the rights ol all.
the State. and % free the nlind OF the
Judge from the prejudices which poIiti-
rtI strife So frequently engenderS. IElS,
[ say. Is what ] think was intended 10y
the trainers of the Constitution; but
whether or not IL Is a wise provision, Is
"a matter open to discussion, and hence
ask the question, "Nhuuld there be- Il
statute OF limitations a. tu thc political
aspirations of our Judges think not.
ANY one occupying the high position
Of ulgr. % be- at all eligible, should
l. above suspicion. OF this qUdlIiiCI-
ton the people alone should bc the arbt-
!rrs. And 10 deny tp the people NJ
large or tu the Legislature IN the sc.cc-
ton ui "a senator, the right to select q
citizen to "A responsible position, seems
tD De- wrong Still, it is true that in the
last contest In Virginia ON the subject,
when the late Senator CdpertOn was
elected 10 the Confederate Senate
over Judge Allen (then said To be
the most popular man IN the
Commonwealth the doctrine was
clearly laid down that q Judge was "ui-
.lrJL" to the position. Ii am cor
r.rt,v informed. judge Green, who now
renders this State efficient service ds one
of the Judges of the Appellate Court,
announced Iu Joint convention that 'aii
judicial Officers were ineligible to any
political office. and consequently Judge
Allen could not properly bc voted for
That this doctrine was correct, the clcc-
ton Of CaprrtOn. who had heretofore
been I'm the background, seems %
prove. II the position then taken m
Ni~giuia was correct, the doctrine APP
plies with greater force % th,,
state. for the reason that ir
Constitutional Convention added
w1ri sufficient, 10 seems % me, tp rd
the clause OF anv shade OF ambiguity.
For myself, I would gladly prefer
another construction, and il some cor
respondent Oi the RE5lSTER, who differs
with me on the subject, will present a
better case on the other side, | shall be
glad To adopt his views.
SOUTH BRANCH.