The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1904-03-07
LEGAL SIDE OF THE
QUESTION
Candidacy of Judge fitzger-
aid for the Senate Dis
Cussed at Length

A writer who signs himself Lex"
has the following to say in the Sun
day edition of the Reno Journal, on
the candidacy of Judge Fitzgerald, OF
the supreme court, for the United
States senate:
Senatorial candidates are rather
numerous this year on the Democratic
Silver side. Several gentlemen are
mentioned as being in a receptive at
titude. and two have made formal an
nouncements of their candidacy. These
two are Ex-Governor Sadler and Judge
Fitzgerald of the supreme court. There
is nothing very peculiar about the po-
sition of Governor Sadler. He is &C
tive in politics and is nov to be am
bilious. Judge Fitzgerald's candidacy
does, it seems, present some rather
exceptional, not to say remarkable,
features.
'In the first place Judge Fitzgerald
has held a judicial office first as dis
tirct judge and later as justice of the
supreme court, for something like sew
enteeen years. He has never been ac-
tive in politics, as the term goes, OF
shown any special interest in or ia
miliarity with public affairs, and most
people have supposed that his only
political ambition was to serve faith
fully In a judicial capacity. Therefore,
his announcement is a surprise to
many. This feeling of surprise is con-
siderably increased by the circum-
stances that it is a rather unusual
thing for men holding high judicial
offices to become open II avowed
candidates for offices that are purely
political. There is perhaps nothing real
ly wrong about it, but it has not been
considered in keeping with judicial
dignity to seek office on other lines
The cases are comparatively rare in
which such a course has been pursued.
In brief, judges seldom seek senator
ships, although senatorships may often
seek judges.
but Judge Fitzgerald's candidacy is
exceptional for another reason. Sec. ii,
Article VI, of the constitution of this
state reads as follows: THE justices
If the supreme court and the district
judges shall be ineligible to any office
other than a judicial Office, during the
term for which they shall have been
elected; and all elections or appoint
ments Of any such judges, by the peo-
pie, legislature or otherwise during
aid period to any office other than ju-
dicial, shall be void"
Nothing can be clearer or simpler
than that language, and it Is not
strange that the question of judge
Fitzgerald's eligibility should nave
been raised. 1t Is unfortunate, too
for him. although, possibly. well fol-
the people. that he should be confront
ed by this question almost as soon as
his candidacy is announced. 1t goes
without the saying that the Legislature
of this state will never elect a man tc
the office of United States senate
whose eligibility is open to the slight
est doubt. No man of average intelli-
gence car read the section quoted
without feeling that there is at leas
a grave doubt of Judge Fitzgerald
eligibility. In fact. on its face. the
provision absolutely disqualifes him.
Blu the judge is reported as saying
that he has investigated that question
thoroughly and the prohibition applies
only to state offices. not to United
States Offices But it does not say so
1t says any office using the broadesl
possible terms. and not restricting II
to state Offices
THE judge declares, however. that
the United States senat has decided
that such a provision does not render
a Judge ineligible to a seat in that
body. and he cites the Trumbull case
as a precedent.
1T is true that the senate. being the
sole Judge Of elections, returns and