Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1898-12-17
rITzaERALD's ELIGIBILITY.

A correspondent of the Eureka SENTI-
MEL suggests that Judge Fitzgerald would
be an honor to the State as United States
Senator Al Washington. Unquestion-
ably he would, for he is q man of ability
and % honest as any one that can be
found on the face Of the earth. Unfor-
tunstely, however, the Judge ia ineligi-
BILE, 90 the State constitution prohibits
o judicial officer from holding any
other official position during the term
for which he was elected. But for that
fact Judge Fitzgerald would undoubt.
eddy be the choice Of q large number OF
legislators in the joint convention this
Winter. Reno Journal, Dec. l3.
Good ; but we assure the Journal and
ell good men and true. that there is no
sort of reason, legal or otherwise, why
Judge Fitzgerald should not be United
States Senator from the State Of Nevada.
The constitution Of the United States
prescribes the qualifications Of a United
States Senator, and those qualifications
are contained in Article I. Section 3, as
follows
"Section 81. The Senate Of the
United States shall be composed Of two
Senators from each State, chosen by the
Legislature thereof. for six years, and each
Senator shall have one vote.
8. No person shall be . Senator who
shall not have obtained the age Of thirty
years and been nine years 9 citizen Of the
United States, and who shall not when
elected be IN ~inhabitant Of shat State for
which he shall be chosen"
Judge Fitzgerald measures fully up to
every constitutional and legal require.
ment he IL q good deal over thirty years
Of age, and has been an actual, bona fde,
most honorable and most respected resi-
dent Of Nevada for over twenty years. He
10 one Of our people. and there is no reason
why be should not be elected Senator, bu,
many. and good ones. too, why be should
be SO elected.
Section II, Of Article VI. Of the oonsti-
tuition Of the State Of Nevada is ss follows;
"The Justices Of the Supreme Court
and the District Judges shall be ineligible
10 any Office, other than q judicial Office,
during the term for which they shall have
been elected |; and all elections or appoint
ments Of any such judges by the people,
Legislature or otherwise, during said Pc
riod to any office, other than judicial. shall
be void"
But this manifestly applies only "a
Offices or appointments UNDER H STATE
CONSTITUTION AND GoyERNMEsT, and could
not possibly apply to offices or appoint
ments under the UNITED STATES CoNsTIrU'
TON AND GOVERNMENT. The Constitution
Of the United States alone can determine
that.
Now. since the way is clear, let all men
who believe in the rehabilitation Of the
money Of the Constitution. and who are
dssirious Of seeing the prosperity Of the
State restored, II they cannot, by any mis-
chance. name VIM. NJ. Stewart for Senator.
(who, II must be understood ell the time
10 our first choice), turn TO Judge
Fitzgerald. ALI who know him. know his
sterling and answering honesty and in
tegrity Of character, and those knowing
him and being qualified 70 Judge. know
also the deep. powerful and analytical
character OF his mind. Were he In the
Senate Of the United States At this period.
when questions new 10 the Government
and Of vast and far-reaching importance
are necessarily coming mp. he would be an
honor 10 our State and Of great value 10 II
and the nation. JEAN VALGEAN.