Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-06
ATTORNEY GENERAL cossoN
MAKES RULING ON DOUBLE
OFFICE SEEKING.
JUDGE At PERRY FORCED
TO QUIT SCHOOL BOARD
State Legal Department Rules That
Jurist Under iowa law Is Ineligible
to Seek Another oHice-Similar In
terpretation Would Bar Lee From
Seeking Office, OF Governor.

Des Noinee. Nay S.-Upon the opin-
ion of Attorney General Cosson that a
district judge is Ineligible to hold an
other Office or 20 become candidate
Tor one during the term for which he
was elected, Judge ". II. Fancy, OF
Perry, has sent in his resignation as a
member of the school board OF Perry.
Judge Fahey is Judge in the Fifth
district, composed OF Ada:r, Dallas.
Guthrie, Madison, Marion and Warren
counties. He was elected 10 the school
board, but, Immediately upon mis- taking
his place on the board matter OF his
eligibility came up. He submitted the
matter to the attorney general and III
mediately followed the suggestion OF
the state official that he retire from
the board.
Parallel to Lees Case
The opinion n this case has attracted
wide attention for the reason that under
il Judge c. G. Lee, OF A-aeS- now car
tiidate for governor on the republican
ticket. woiild oe ineligible 20 become
candidate for the office OF governor
during the term for which ne was elect
ed TO the district Bench. The facts IN
the Fahey and the Lee case are almost
identical. the politicians say.
The olaaion 0: the attorney general,
given il q ia--er 70 Judge Faney, fol-
lows:
y an in receipt q YOUR coo1-nuaicz-
ton requesting % oe advised as 70
whether z person may hold the Office
OF both Judge and school director.
In nv oy1nio-. TINS can TOT bs done
TIE Judge might be called upon 70 pass
uuon the very acts Tel.ch n as Mem
her Of rhs schoo! board together with
other members performs; hence the
two Offices are incompatible. 1ncor1-
ratiole Offices may not oe held by the
same person See -hs case Of STATE vs.
Anderson 155 Iowa 81.
Confusion o. Powers.
Again. = would seem 70 b. 2 con
fusion of Judicial powers with powers
belonging 20 the other departments Of
government II Tialz tor q section Of
article III Of rh@ constitution. Again.
section Of article Y % the co-s-i-u-
ton provides thai Lna district judge
shall hold his ofScs for z ts-1 Of four
wears: and until his SUCCESSOR shall
hare been elected and qualified: and
shall b. ineligible 70 any o-hs- office
EXCEPT thai OF judge Of the supreme
court. during tbs term for which hs was
elected
See State .. Washington 81 q VS.
Board Of Education, 40 L :. 3 81;
State Of Wisconsin vs, Jones'. l. 2 =
CNS) llD7; Smith vs. Moore, 90 Ind,
254."
In this respect z clear cut staIens11
of the meaning Of tas wnr5 eligible is
set forth in The 3 California report
page 2s4 IN the case % me People rs,
Leonard The court discusses Z section
Of the Nevada constitution an6 says il
part as follows:
.EIjsi5ifi-y" Meaning Broad.
But i-1stea6 .. restricting ne mean
ing Of -he w0-5 eligible as defendant
contents ws think % Cart OF Tia N
,en4soo u ne constitutional CONVEX
tfo-. ne ouE-r - g.v@ Il -rore ex-
tended EE115 2a-c= -1sc x generally
ca "a biz q being legally chosen and
-;rea ra+l= u legally h1ldioE
-A-S - -ros- Il such constitutions
-ss ---6 -e5-.:,3s' -zs as ! appears =
,,el r.e,=- -rz5a use u * i = II o0-
.a-stz-u-3er7a- il utnal and far
reaching sens@.
sg- ne caze = Carson rs EcPos
.rs1ga = I-5. - nix x sad. Tia
term eligible. IS us=5 IN our ca-s.i-1-
7jy-a. y44z- ez - csrsz"5ct' . f7n3dlrE 5
wen ar capacity y 5e:rg elected . IT
nr5ce'
And 81 STATE 1T ~ Sc:r5e, " My
rs~ es Wis 81 The ---- eligible
means as wen disqualification n mold
an office as disqualification . De elee--
ed 70 IN office
And SO i vii re 'o-2-1 u7o1 eIa-2
snet,on -na- !, nearly al. Z 77- al. ~
fine cases nnere eligible WAS said =
mean capacity % BE- 2. ec-ed - an ~
Aice and not cauaci-y - hold i, IH=
marty seeking 20 hold re Office 1&'as de-
c,ared not 20 r. eligible because q ne
want Of capacity % be elected anc
there is nothing said in any Of hen
(which. bv fair construction and inter-
pretation in the light Of the facts o:
the case. shows that the mind Of ms
court was directed 10 and intended r
decide where unlimited and unex'
nlained by other language, mat eligi'
bility to office did not mean the quail
ficatton TO hold as vel as 70 De elected
TO an office"