The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1904-06-25

son News OF lUe zflH lhSI. Il ietttT
signed by you. in which you say you
lave no doubt that conscience con-
trolled Chief Justice Belknap in his
d .ssenting opinion on the constitution
ality OF the eight hour law. but you
further say, in effect, that a high iu-
dicial officer should be cond mned by
his party for che exercise of a con-
scientious opinion not in accord with
the declarations of the political pa ty
to which he belongs.
How could Judge Belknap keep his
official oath to protect and defend the
constitutions of the state and Nation
without following the dictates of his
conscientious belief. as to their true
Interpretation on the question befo
him? If he should look to the declara-
tion of some political party to control
him. wat would become Of the con-
stitutions? Would they not be
changed with every successful party,
according to rs declarations. and
would not the functions and purpo-es
OF these constitutions be entirely de-
stloyed?
/ was taught in the public schools
of this State. that 1t was the duty of
every judicial officer to fearlessly de-
clare the law. as he understood it to
be. without fear or favor from anyone,
and that such officer TOOK somn oath
to Uphold and defend the constitution
of the United States and of the state
of Nevada: but from your reaeoning
only he performed when 1t was not
in conflict with the opinion of the
Fus on party.
Do you wish the people to under
stand you to say. that Judge BeIknap
should net be nominated by his party.
because he censcientiously and rear
le~sly declared the eight hour law TO
be unconstitutional in TIE face Of tie
fact that his party had passed such
law? l would infer as mucn. Ard I
would furthe~ infer ON your le.te~
that only such judges should be nom
mated and elected by that party. as
would UNFOLD the laws passed by 1t in
the legislature without REGARD to tie
fundamental law. their oaths of offic"
or their conscience: that YOU cons'de"
the Fusion party Of Nevada slpelics
to all law. truth and conscience.
was taught that the judicial branch Of
our government was intended by the
f-ane~s of tie constitution as a check
upon the Ieglq4atfS4s ard cxecutivs
branches. but I see that you won'e
rake 1t the servant. Of the iegis'a-
tive branch and particularly of TIE
Fusion party. and as this means the
destruction Of our law and government
and the establishment of a new dss-
ordinate branches Of our gavarumen-
as a native 10 n citizen of Nevada
with never dying love for my ccun-
try and it's principles of government.
I protest against the dpctrine set forth
in your letter and warn you that you
are onenly advoca ing the punishwen
of righteous conduct and wardin c
wrong: for if Judge Belknap acted as
you say he did from a conscientious
conviction of right he should Re COM
mended rather than condemned: arf
to defeat him for that reason and
nominate another. would Re saying r
that other, you are PLEDGED to fulsl
your office. not in accordance with
your oath. the law and your con-
science. but in acco dance with the
declarations Of the party that nomi-
mated ard elected you.
/ Winnemucca. Nevada. June 25. 1904
G. w. SITMMERFIELD.