Evening capital news. (Boise, Idaho) 1901-1927, 1914-07-20
Oa.AAr 4~.~
WHAT is THE CONSTITUTION, AS BETWEEN AN
AMBITIOUS MAN AND HIS DESIRE FOR
AN OFFICE?


Justice Aishe in rendering his resignation which to
become effective today according to his announcement
doubtless believes that by resgnng he thereby removes
the constitutional provision which forbds him becoming
candidate for United States senator any other office
during the term for which he elected to the bench of
the supreme court.
Whatever may be the views of this perpetual candidate
from the supreme bench of the state the supreme court of
the state of Washington does the belief that
resignation will restore clear disqualification, and we
of the belief that the people of Idaho will have some
regard for the constitution of their state and for the
decision upon direct point by the supreme court of this
neghbOring state if both should be ignored by the
former chief justice in his zeal for political prefement.
So that the people of this state may fully understand
the point clearly decided against the justice of the court
of this state who is willing to violate and ignore
constitutional provision of the state than he Is to waive an
opportunity for election to political office desire to
quote the constitutional provision which Justice Ailshe
is violating and the constitutional provision of the state
of Washington which the supreme court of that state
would not permit to be violated.
IdahO's constitution says:
any of
trust profit under the this state during the which he
The constitution of the state of Washington says:
The judges of the supreme court and the judges of the superior shall
employment during the term for which they shall have been elected
1t will be noted by reading the two provisions that the
only difference between them is that the Washington
sttutOnal provision applies to judges of the superior
court well as to judges of the supreme court.
Judge Black Of the judges Of the superior court of
that state sought to become candidate for governor just
as Justice Ase has sought to do upon several occasions
since being upon the supreme bench Application was
made to the supreme court to restrain the ambitions of the
who wished to disregard the constitution in order to
appease that ambition. Among other things the court
said:
be
qualify during
termb by resignation by any other acto on his part
That ought to be clear enough even for Mr. Ashie to
understand and doubtless he does understand it. but who
for the constitution long there is opportu-
nifty for a big office in sight?
The Washington discusses the question fully and
in its every phase. Again it says
of
tuition in harmony with this view
The learned Washington court, however, failed to
grasp view Of the judicial possibilities 1t speaks of
the unpopular decisions that judges might be called upon
to render but it failed to note the possibility of justices
rendering decisions which could be printed published and
distributed because of their assumed popularity and vote
getting possibilities In other words it is only inferen-
tally at least that the Washington court considered the
possibility of judge preparing decision with the view
to circulating it by the thousands vote getting docu-
ment in his favor candidate for other political
preferment
Justice Chadwick, of the Washington supreme court
apparently believed that the decision of the court did
language strong enough he added separate
curing opinion in which he joined by Justice Nor
ris, and in which he said:
notw onic A it
The the Its spirit that
constitution would defeat
Again Justice Chadwick says
a