Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1912-09-23
JUDCEBLACK MAY
NOT Be ELIGIBLE
Democratic Nominee of Pri-
maries for Governor
Has Title Questioned
IS PRESSING
Judge Black Says He Would
Not Have Entered Race
Were He Not Sure

The probability of the official re-
turns showing that Judge w. w
Black of Everett, received the Dem
ocratic nomination for governor in
the recent primaries has alarmed
Democrats that their nominee is dis
qualified for any other office than a
judicial one during his present term
as a judge of the superior court OF
SnohOmish county. Democrats gen.
orally did not believe that Judge
Black would be in the running, which
accounts for their not raising this
question heretofore. The basis for
raising this question is found in the
state constitution, narticle w., para
graph Is, which reads: "The judges
of the supreme court and the judges
of the superior court shall be ineligi-
BILE to any other Office or public en-
ployment during the term for which
they shall have been elected"
Article ILL.,, paragraph 4, states
that the term of Office of governor
shall commence on the second Mon
day in January after an election,
while article w., section 5, Of the
constitution. provides different term
for judges, and reads as follows
"The terms of Office of all judges in
this state shall be for four years from
the second Monday in January, next
succeeding their election"
Cannot Be Candidate.
Remington & Ballinger's code car
ries the following footnote to the
paragraph on the ineligibility of
judges, which reads: "The terms of
supreme and superior court judges
commences from the second Monday
in January, and all other state Off
cials on the second Monday in Jan.
uary after their election and quail
fication." The point raised here is
that the constitution was SO fixed
that any judge sitting on the bench
could not become candidate dur
ing his term of Office for governor
or any other office than a judicial
one. 1t is said that the late Chief
Justice r. o. Dunbar was a member
of the constitutional convention and
the author of the section which fixes
the term of Office of a superior Judge,
and that he had stated that he SO
worded the constitution as to make
it impossible for man sitting on
the bench to run for a political Of
fee. 1t is said that other members
of the bench hold the same opinion.
Justice Chadwick himself refused
to become a candidate for governor
this year on account of the disquali-
flying clause in the state constitution.
1t Is also said that Judge Preble, Of
North Yakima. refused to become a
candidate for the same reason, and
that in the past Judge Humes and
Judge Ballinger also failed to run
for governor for the same reason.
Saying that he never would have
entered the race for the democratic
nomination for governor without be-
ing sure of his eligibility, Judge w.
w. Black today pronounced the talk
about contesting his selection, if the
vote showed him the winner, the
veriest political tomfoolery.
"The question has been ruled on
by the courts number of times, y
said Judge Black "Since my term
as Judge will expire before my term
as governor would begin, the only
thing that could make me ineligible
would be the failure of the people O: