Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1912-10-11
LISTER TO RUN FOR
GOVERNOR INSTEAD
OF JUDGE BLACK
Everett Jurist Declared Ineligible
by Seven Members of the State
Supreme Court.
TACOMAN IS SURE TO WIN
Decision Clears Political Muddle
New Nominee Second in
Primary Race.

Declaring Judge w. w. Black of
Everett ineligible as a candidate for
governor Judges Gose, Mount, Parker
Ellis, Main, Chadwick and Morris of
the state supreme court joined in an
that "a writ should issue" prohibiting
the canvassing board from certifying
Blacks nomination to the secretary
of state and prohibiting the secretary
from certifying his nomination to go
on the November ballot.
The d. cision, anxiously awaited by
the Democrats of the state for the
past week, clears up the befuddled at
mOsphere that surrounds the Democ-
ratic candidate for governor. The
vacancy created by the decision will be
filled by the state central committee by
the nomination of Ernest Lister of
Tacoma, the second high man in the
primary race.
That Lister will make a much
stronger candidate than Black. that he
will renew the enthusiasm of the DEM
ocrats of the state dampened by
Blacks nomination and the cloud
hung over it by his selfish stand, and
that his nomination assures a Demo-
cratic administration and Demo-
cratic legislature in Washington for
the next two years at least, is con-
fideltly asserted on all sides. Lister
not only has a clearer record than
either the Republican or Democratic
candidate, but he is a far more cap
able man, is honest and sincere in his
convictions, earnest and straight for
ward in manner, a man who once rem
dered valued service to the state as
chairman of the board of control
when he established the system now
used in the management of the state
institutions, and a man whose life and
business experience have trained him
to handle properly and efficiently so
large a business as that of the state
of Washington.
Judges ought not to be allowed to
be scramblers for political places"
says the opinion. the main decision,
signed by Judges Gose, Mount, Parker,
Ellis and Main, filling eight long type
written pages.
"The trainers of the constitution" it
continues, knew tha: judges would
be called upon to sit in judgment upon
cases of large public and private mo-
ment and they also knew that the
righteous cause is not always the pop
ular one, and it was their purpose so
far as it could be accomplished to
keep the judges out of politics. Both
the spirit and the letter of the cOnsti-
tuition are in harmony with this view"
Judge Chadwick adds concurring
opinion of two typewriter pages which
he introduces by saying: Il would
have some hesitation in speaking of the
question before the court for my views
have been to some extent made public
in the conduct of my personal affairs,
but the main opinion having been
signed by majority of the court see
no impropriety IN adding a few
words" Discussing the constitution
he says: Its spirit is that judicial
officer assents when he comes to the
office that for the term prescribed in
his certificate of election he will di-
vorce himself from political activities.
To give the constitution any other
meaning would defeat its purpose en-
tirely." Judge Morris concurs In the
Chadwick opinion.
Judge Crow dissents. He insists
that the constitutional phrase in ques-
ton does not mean ineligible to be
candidate or to be elected" He says
Blacks term as superior court Judge
will expire January 13, 1913, and the
next gubernatorial term will not COM
mence until January 10, 1913, and If
the lawyers of great learning, expert
ence and ability in the convention that
framed our constitution had so intend
ed it would have been easy to have
used the words ineligible to be elect
ed" or ineligible to be candidate y
Judge Fullerton signs the dissenting
opinion.