The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1904-03-15
JUDGE GETS BACK
At A CRITIC
Fitzgerald to Enter Upon a
Scientific and COnsti-
tutiOnaI Battle

p,
dacy for the United States senatorshil
by a writer who signed himself Lex
in the Reno Jou. nal a week ago. The
reply was also published in the Jour
nal on Sunday last:
LEX" in the Journal of the 9th OF
March says l am not eligible to be
United States senator flom Nevada
LEX" quotes a clause of the Nevad:
constitution to prove the same. When
spoken to about II some days ago
said: 1t reminds me of an Arab story.
One applied to sheik to borrow 8
rope The sheik replied that he could
not lend the rope, as he wanted it to
''tie up his milk The question was
then put: How can you tie up you.
milk with a roper" His sheikshil
made answer, When one does not
want to do a thing. one, reason is as
good as anotherr'
So it is with Lex He does no
want the Battle for Silver to be fought
on scientific, economic and constitu
tonal glounds grounds that have II
them strong probability of success. Lei
me emphat.cally add the only ground
that have any probability of success
Therefore with Lex IL is. as 1t wa
with the Arab, one reason Is as goot
as another. He keeps his rope To Il
up his milk. He perverts clause
the Nevada constitution In the endeas
o. to bolster up his contention.
LEX" challenges my moral right tc
be a card date for the United Stat
senate because as LEX" says, have
taken an oath TO. support protect ant
defend the constitution of the state O
Nevadas Shades of Aristotle .defen,
us Have L not also taken an oath u
support. protect and defend the con
stitution of the United States? And i
/ had not actually taken such an oat.
does not my allegiance to my counts.
impose upon me the dasy to snpport
psoaect and defend lis constitution
Ess.y citizen Of the United state.
owes to the nation the duty to suppoi u.
protect and deIend the constitution
tAee United States.
That constitution prescrlbes the
qualifications for senator Of the Unit
ed states. and the constitution of tn
STATE OF Nevada actually has nothins
a. d could Legally have nothing, to TN
contrary Theft. amers OF the Nevade
constitution were too patriotic even &c
o..deavor to put the.eln anything con
.a.y TO the constitution OF the Unite~
States. Had they done SO. the fuultS
OF 1t and the folly OF II would be ap
parent to anyone except one of tbs
mental makeup of Lex" who eyi'
IDENTIFY belongs TO tnat class which gen
e.ally wishes and sometimes says
~ he constitution Of the United State J.
the United States was made for al
infant ard we have grown TO man :
estate; we must cast off that infant
clothing" These questions are not
imaginary; they are taken from re.
marks too frequently heard these day.
l chee fully yield allegiance AM.
obedience to the constitution OF the
United States. I believe il to be tn
wiSest and best system of government
yet devised by man; and when somt
politicians OF the day say the consti-
tuition of the United States Is played
out" or that 1t Is the clothing of al.
infant the language itself proves tina
such politicians are Incapable OF un
de. standing or app. eciatng the grea,
and good govegnmental principles IN
said constitution embodied; or that
such politicians are themselves of tn
household OF the liant and would
gl1dy give their aid to substitute In
Ameaca tyIannicai for constitutional
government.
PLAINLY tne whole people of the Unit
States and they alone-have the right
to say what shall be the qualifications
OF senators of the United States. In
the constitution of the United States
thase qualifications are laid down by
the only authority that has the right
so TO do, that is, the whole people OF
the United States. The trainers Of the
constitution OF Nevada did not at
tempt to commit so unpatriotic, unwise
and Illegal an act as embodying any
thing In the Nevada constitution that
was antagonistic to the constitution OF
the United States; and had they done
so those parts OF the Nevada constitu-
tiof that were antagonistic to the con-
stitution of the United States would
have been null and void. This doctrine
Is Universally admitted. The constitu-
tion Of; the United States In clause 2,
Article vi, says: This constitution,
and all treaties made, or which shall
be made. under the authority Of the
United States, shall be the supreme law
OF the land. and the judges in every
state shall be bound thereby. anything
IN the constitution or laws OF any state
to the contra. y Notwithstanding. And
in clause 3. of Article vi. the consti-
tuition Of the United States says: '"Ths