Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-04-20
'E|'|:.[|' RESIGNS 70
8. ENTER CAMPAIGN.
tJURisT SEEKS 70 OVERCOME BAR
TO CANDIDACY FOR GOV.
EaNoR.
MORAL QUESTION Still
REMAINS AS HANDICAP.
Savage, Of Adair Finally Picked to
Enter Senatorial Race a. standpat
Candidate Against, cummins-An :.
& snouneement to BE Made During Pres
ent, Week-P apers Being Circulated.
Special to Times-R Republican.

iDes Moines, April 2O.-While Judge
Lee has been.forced by overwhelming
public sentiment ito undertake to res
move the technical ineligibility of his
candidacy for state office during his
term as Judge, by a tender Of his
resignation, the moral question still re-
mains.
II has been fully decided by state
officials, so far as anything of the sort
can be decided in advance, that they
would not stand IN the way OF Lee re-
ceiving certificate of eligibility 1T
will be left wholly to the conscience OF
the candidate" said one who might be.
called on to act eff Lee can sign the
affadavit he, ought to be permitted to
go before the voters with that kind
Of a record
But it is possible that Rowley or
some other sticker for constitutional
rights might have filed a protest. That
would have forced the ballot commits
sion to decide it according to the law.
The affidavit that Lee will have to
sign declares that Il am eligible" to
the office, not that he will be when in
auguration time comes or under other
contingencies The constitution de-
clares him to be Ineligible during the
term for which he was elected" That
term ends next January.
Intent Of Law.
"The obvious intent of the clause in
the constitution" said a former state
senator yesterday. was to maintain
the entire separation of the judiciary
and executive branches of government.
1t was Just one of many provisions to
safeguard the judiciary and to keep 1t
from suspicion. The temptation for
judge to SO decide cases and so rule
on law points as to add to his political
prestige and to make him popular with
voters for future political use, was
fully recognized by the trainers OF the
constitution: and they intended to
make. 1t so that a Judge would be en-
tirely free from these things. The law
is very plain A Judge is ineligible for
any state office during the term for
which he is elected. Anyone who
stretches mis- conscience so to violate
the letter or the. spirit OF that law is
undeseryins .of, the confidence q the
people. n.
Bnder the old political system 4 can-
cfdate might place himself "in the
hands of his friends but now, under
the primary, he must stand for him
self and the question Of eligibility must
be settled now, not when the term OF
office commences. The law is just as
imperative In regard to these questions
as in regard to having assessment OF
all propertyiof the state at actual mar
ket value.
Savage Senatorial Candidate.
AS suggested some Time ago it Is
going to be Art Savage. of Adair, who
will be next United States senator from
Iowa If there are asssufficient number
OF the voters believe him. ito besbest
fitted Of all Iowa men to do the things
at washington that should be done for
Iowa.
1t is promised the candidacy Of
Savage will be announced very soon.
His papers are In circulation. The
papers were secured. 1t is recalled,
some time ago by Bert Keltz. who did
not then disclose who was to be the
candidate. They have been in circula-
ton for several days. 1t was Mr..
Savage who called the conference In
Des Moines last winter to plan for
candidate for senator to oppose Cum
minis. The conference ended by APP
pointment of q committee with tuil
authority to decide whether it was
worth while to have a candidate and
who It would be. The committee made
investigation and reported that If Iowa
is to be represented in the senate by
a republican it would be just as well
not to make. fight on the present re-.
publican senator. In fact some mem
hers of the committee said that Cum
MINIS couldn't be beaten and even II
he could at the primary it would not
be well to do So
Then Mr.. Savage met with others at
Cedar Rapids and thought they had
induced Elk Congressman Pickett he
Il ought to offer himself as sacrifice;
after looking the field over he decided
not to go against Cummins. Savage
was much disappointed over this.
number Of others have. been canvassed
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