The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1904-03-19
THE BATTLE FOR SILVER
Judge Fitzgerald Declares BE Is Eligible
for the United States Senate.
He Challenges a Correspondent in
the Reno Journal to Gives His
Opinions Over His Real Name
Asks for Fair Play and
an Honest Battle.

an Honest Battle.
A correspondent signing himself
LEX" in a lengthy communication In
the Reno Journal recently discussed the
candidacy of Judge A. L. Fitzgerald for
United States Senator, giving what he
termed 1.-THE Legal Side of It." Judge
Fitzgerald makes reply in the same
paper of March Is, in which he says in
part:
"Lex' in the Journal Of the 9th of
March a / am not eligible to be
United States Senator from Nevada,
and he quotes a clause of the Nevada
Constitution to prove the same.
He does not want the Battle for Silver
fought on scientific, economic and Con-
stitutional grounds-grounds that have
in them strong probability Of success
and, like the Arab. he thinks n reason
is as good as another, and perverts a
clause of the Nevada Constitution in
the endeavor to bolster up his conten.
tion."
Mr.. Fitzgerald at length goes over the
Constitutions of both the United States
and the State of Nevada, quoting there
from to bring before the people the
sections bearing upon the qualifications
necessary and required to be a United
States Senator, and hen he challenges
his adversary in the following:
LEX is the Latin word for law.
So sacred q name as law should not be
the pen-name for the writer of such
a communication. II lex means
law, he who adopts that as his PEN
name should be a lawyer. Now. If
Lex is a lawyer, will he stand forth
in the open and give it IS his profess
sional opinion that l am not eligible to
the office of United States Senator.
and put such opinion over his true
name ?"
Those Who Wish His Defeat.
Speaking of the money question he
says at is little wonder that my
election to the United States Senate is
opposed by men who say they are for
silver, and some who have ridden into
office on this plea. and who also say
that they want the Money Function legis.
lated u of three hundred and forty-six
million of silver dollars and legislated
into three hundred and forty.six
million of greenback dollars-and this,
when the Constitution of the United
States is violated by the Silver De-
monetization Enactment, and the
Greenback Monetization Enactment.
Little wonder, indeed, is it that men
who thus think and thus wish could
also think and wish hat the Constitu.
ton of Nevada should be so perverted
as to overthrow the Constitution of the
United States; and this, although it is
to the vast and irreparable injury of
the silver mining camps. and those
carrying on business in silver mining
camps and in the vicinity of silver min
ing camps"
Asks for Fair Play.
Concluding. the Judge says: 81
would not accept an Office for which
am o eligible. Some years ago when
I was mentioned for Governor Of Ne.
vada, l at once called attention to the
Constitutional provision rendering me
ineligible for that office during the term
for which / had been elected District
Judge. Again, some years after when
/ was mentioned for United States Sem
ator and the question of my eligibility
was raised, the Journal did me the COM
pliment to say ASK the Judge him
self /; ; it was willing to leave the ques.
ton to him.
81 now unequivocally say, as all con-
stitutional lawyers and fair.minded
men must un~equivocally say. that there
is not a shadow of a doubt of my full
and entire eligibility.
LET there be fair play and an honest
battle, and should the people of Nevada
this Fall elect Legislators who will
choose me as a United States Senator, ]
shall at once enter upon the work Of
making the battle for silver on scientific
economic and constitutional grounds