The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1914-03-12

more TO 90 Win the Office tnen IMAM
| any other citizen of the state. will not
have voice In it's decisions and will
not be responsible for Its acts. Shall
the fact that a man has been elected
to the office of justice Of the supreme
court of a state deprive him of the
rights guaranteed him under the consti-
tuition of the United States. and bar
him from continued official activities
and public duties along other lines
after his term Of office has expired?
According to the views advanced by
those In opposition, 1t does deprive him
of those rights and privileges quaran-
teed to less prominent citizens, and he
made to suffer a penalty because OF
his recognized ability and prominence.
Can any man of sense, after studying
this matter over agree with such a
preposterous, undemocratic and uncon-
stitutional conclusion? No court with
such a decision. No senate since the
first converting of that honorable body
has ever done 30.
1t might be contended with a reason
able degree of logic that the term OF
office expires any time that the hold
er of the same might decide to re-
sign, and that the incumbent on retiring
would be eligible for any other state
office. In fact this is a far more SEN
sible conclusion than the contention OF
those who are now arguing the ineligi-
bility of Judge Ailshie to become can
didate for a federal office over which
the state laws have no control Judge
Stockslager ran for governor of Idaho
two years before his term Of office as
justice Of the supreme court expired
and again for United States senator
the year his office terminated Judge
Stockslager did not resign from office
In either instance, and the question
Of his eligibility was never raised. Pos
sibly we did not have SO many consti-
tutional editors in the state at that
time.
Senator Bailey. admitted to be one of
the best constitutional lawyers in the
land. when called into counsel with the
senate committee ON this very question.
In the case Of the election Of Judge
Thompson Of Kansas a year ago. said
there was no doubt of the lawful cleo
ton Of Judge Thompson Judge Thomp
son was on the supreme bench Of Kan
sas at the time Of his election to the
senate and Kansas has identically the
same provision in its constitution that
Idaho has. Judge Thompson. however.
did not do as Judge Ailshie proposes to
do, resign before his term expires. but
continued in office to the end of the
term.
Numerous cases of this kind can be
given, showing that there is absolutely
nothing to this claim set UP of disquali-
fication under the constitution. But
the mention of the cases of Senator
O'Gorman, of New York, and Senator
Shields, of Tennessee. both of whom
were elected recently from the supreme
bench Of their respective states to the
United States senate, and neither Of
whom resigned the office of justice
but continued to serve until after theiI
election, will suffice. While many men
have been elected to the senate from
the supreme bench. no man has ever
been debarred from taking his seat or
account of such ineligibility. and tbs
state of Idaho has never attempted tic
prevent a justice Of the supreme court
from becoming a candidate for a FEEDER.
al office during his term as justice MOI
has 1t attempted to prevent him from
becoming a candidate for any othe,
state office II the term Of that office
commences after the expiration of his
term as justice Of the suprmee court
Then why do these constitutional edi
tors insist upon this far-fetched inter
probation Of the laws, in opposition tt
the best known authorities. those a
whose hands this question Of eligibility
has to be settled, and who have de-
cided adversely to their contentious IL
every instance In which 1t has come up
There must be some very strong motiv,
for this persistent contention on tn,
part of those editors in opposition Il
the decisions and opinions of the wei
established authorities mentioned. Cal
the motive be good and pure and thu
results beneficial to their readers, TO
them to continue to present their falac
ious arguments as though they wer
true. and at the same time suppress thu
decisions of the numerous well know
authorities to the contrary? Is thi
not strong indication that there is
determination to Withhold the facts an
thereby lead their readers into an er