The daily star-mirror. (Moscow, Idaho) 1911-1939, 1914-03-03

date for another office provided he re
signed before election to the other of
fic. The majority of the courts of thi
country have held that the term o
office expires whenever he resigns ant
that If he resigns before election tina
ends the matter.
But there is another and more i'm
portant phase. to this provision to thu
constitution, and that is that it applies
only to a state office 1t says, that he
shall no be eligible to any office OF
trust or profit under the laws of this
state" The office of United States
! senator is not an office under the laws
! of this state 1t Is federal office UNI
der the constitution of the United
States The state of Idaho has not I'M
dertaken to interfere with or prescribe
| the qualifications of federal officers.
| If it did do so, it would amount to
nothing because it would run counter
to the constitution of the United
States. 1t has been SO held by all the
courts of the country including the
supreme court of the United States,
and, most of all, the senate of the
United States.
A year ago the legislature of Kan
sas elected Judge Thompson to the
United States senate. The judge was
then on the bench and his term had
not yet expired. Notwithstanding this
fact, he was elected by the legislature
and did not resign until after his cleo
ton, and the senate of the United
States held that he was eligible and
that the constitution Of Kansas, which
is identical with section z, article 5, of
the Idaho constitution, did not in any
way prevent Senator Thompson taking
his seat. Senator Bailey gave an opin-
ion, both to Senator Thompson and to
the senate committee, and stated un-
qualifiedly that it was no bar or inn
pediment to his taking his seat even
though re did not resign from the
bench until after his election to the
senate.
During the history of this country.
a great many men have been elected
directly from the bench to the senate,
and in no case has ever a man been
held ineligible or disqualified. A year
ago this winter Judge Shields. who
was then Chief Justice of Tennessee,
was elected to the senate, and did not
resign until after his election. His
term of office as chief justice of the
state had not yet expired. Senator
O'Gorman of New York was justice
of the supreme court Of New York
when elected to the senate and did not
resign until after his election, and no
question was ever raised as to his eli
gibility. Other illustrations could be
given running into the dozens.
The state of Idaho has never at
tempted to prevent a justice OF the
supreme court becoming a candidate
for q federal office during his term OF
office. 1t has not attempted to prevent
him becoming a candidate for any
other office, if the term of that office
commences after the expiration of his
term as justice of the supreme court.
The term of office of United States
senator, for which Judge Ailshie is a
does not commence until |
he 4th of March, 1915, while his term
If office as chief justice of Idaho will
expire on the first Monday of January, |
1916, or at any time prior thereto |
should the judge determine to resign |
sooner. The constitution does not re-
'er to election to office, but to holding
,ffice that is, entering upon the term
If office.