The Seattle Republican., 1903-11-20
POLITICAL POT-PIE
We Say, Yes!

"In view Of the fact that the name of Supreme Judge
M a. Fullerton is going the rounds of the press a
possible candidate for governor of this state clause
from the state constitution may be of interest well
as afford enlightenment. Section IS, OF Article
w. reads as follows The judges of the supreme
court and the judges of the superior court shall be
ineligible to any other office public employment
than judicial office, employment during the term
for which they shall have been elected .
The Walla Walla Union which is responsible for
the Fullerton gubernatoral announcement quoted the
same raising the question, "Does it apply" and pro-
ceeds to up a very weak case follows:
The intention of this clause in the constitution is
manfestly for the sole purpose of preventing judge
of the supreme or superior court from practicng law
during his term of office, and the wisdom of such
prohibition is unassailab1e, but that it was designed
prevent members of the bench from being eligible
become candidates for some other office, the ncum-
bency of which would begin until the expiration of
their terms Judges not at all conclusive If that
had been the intention of the trainers of the constu-
ton they would have expressed their desire much
plainly by stating explicitly that supreme super
or judge should be eligible any other than judicial
Office Immediately succeeding his term judge-the
exact provision made to prevent third terms in state
and county Offices If this reasoning is sound the
stitutional clause cited by the Republican does not
apply in the of Judge Fullerton 1t is said that
Judge Fullerton is absolutely certain of renomina-
ton to the supreme bench and this fact would be
element strength in his favor should he conclude
to enter the gubernatorial race who has filled
place the supreme bench in creditabe and sat
stactory manner as Judge Fullerton has recon-
mendation of great worth"
We want it distinctly understood that the Seattle
Republican is not opposing Judge Fullerton We
concede he would make strong candidate and
excellent governor, and this paper would heartily sup
port him could he be legally nominated. We not
responsible for the provisions of the constitution
If the word oce did not appear in the article quoted
in connection with cor public employment" the
dering of the meaning given by the Union would
probably apply; but the practice of law is in
office, and leaves the intent of the article so plain
that there can be question of its meaning Possibly
the wording suggested by the Union would have
been less liable question: but friend OF the Union
yet the writer hereof in the constitutional
convention, must needs take things they are,
not they, possibly, would have been. Probably to
avoid sameness in the constitution why differ
ent wording was used from that suggested. The
Unions reasoning is not sound" hence the clause
cited does apply in the Of Judge Fullerton.
Furthermore, if the Union, will refer to the consti-
tuition again he will find that the latter part of section
of Article Ill., provides that the term of the governor
shall begin the second Monday in January after
his election. Then in section g. of article ", the
of supreme judges shal be six years from and after
the second Monday in January next succeeding their
election" In other words, Judge Fullerton is a
member of the supreme bench; his term of Office
cordng to the constitution above quoted does not end
until midnight of the second Monday in January, 1905.
The term of the governor-elect will begin the
ing of the second Monday in January, 1905. Judge
Fullerton could not qualify governor while still
holding the office of supreme judge. So, admitting for
the sake of the argument, that the Union is
on his rendering of the clause under question: he would
still be barred, shown above, for can hold
two such Offices at and the time. We
credtably informed that it the deliberate purpose
of the trainers of the constitution put these bars in
the way of supreme and superior judges pre-
vent their eligibility to any executive office while
filling judicial one; and who will say it is not wise
provision Hence in reply to the question OF the I'm
ion "Does it applY?" we say. YES.