Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-04-23

they like the dish. nobody need DO
concerned.
JUDGE LEES RESIGNATION.
Nevada Representatives.
Judge Lee has met criticism upon his
course in becoming a candidate for
governor while still upon the district
bench by announcing that his resigna-
ton would be forwarded to the gov
ernor. This action viii dispose Of the
sense of Improperly pertaining to the
candidacy ~ sitting Judge for q po-
iitical office; but it does not wholly OBJ
viate the complications surrounding the
matter. The constitutional disquahh-
cation Of a district judge for any other
office excepting judge OF the supreme
court runs for the full term for which
he was elected, and it is only the OF
Ace and not the disqualification which
Judge may unload by resigning. The
term for which Judge Lee was elected.
however, expires with the present year
and few days before the beginning OF
the term of the next governor. and IL
is not really clear that the constitu-
ton is actually bar in his case. But
what does come up Is the statutory re-
quirement under the primary law that
candidate must file affidavit that ne
is now eligible to the office for which
he is candidate. There Is no way IN
which any district Judge now in ONCE
by election could make himself eligible
now for the office Of governor: but II
probably Is open to judge to say that
the general assembly had no right IN
framing the primary law to add to the
disqualifcations OF district Judge. and
that the statutory requirement referred
to is in effect legislative inadvertence.
This, We would infer is Judge Lees po-
sition upon the matter.
AS to the judicial vacancy to De
occasioned by Judge Lees resignation
the appointment will be made by Gov
ernor Clarke and is now the subject
of considerable comforting In the jul
dicial district.
JUDGE LEE SHOULD W.T. HDRAW.
ISioux City Journal.1
Judge Lee is confronted by the
horns OF an exceedingly awkward oil
lemma. Either he must withdrawn mis-
candidacy for the republican nomina-
ton for governor or he must make
AFFIDAVIT that he is now eligible TO thae
office.
One need not be judge or law
yer in, order to perceive controilins
reason why Judge Lee should not now
make affidavit Of his eligibility. 1t is
found in the constitutional require
ment that q Judge Of the district court
shall not be eligible to any other OF
nee than Judge Of the supreme court
during the term for which he was
elected" The term for which Judge
Lee was elected wtn No. expire until
Jan. /, 1915. Until that date there Is
no way in which Judge Lee can be-
come eligible to any other office than
Judge Of the supreme court.
There has been suggestion from Des
Moi,,es that the judge could solve his
eligibility puzzle byaresigning his judi
c,al office. That would not remove
the eligibility bar. The bar plainly
; applies to the whole, period for which
the fudge was elected. and a resigna-
ton does not shorten that period. A
resignation might help the judges
moral standing as candidate Tor
political office: it could not help his
| legal standing. -
| Judge Lee should not resign his ju-
dicial office; he should withdraw his
! candidacy for governor. No doubt
that candidacy was projected on the
theory that the judge would become
eligible to the office before the date
| for being sworn in. The primary law
: II now develops. clearly requires thai
i candidate must be eligible when he
files his nominating petitions. Judge
| Lee is not eligible today. and there Is
no way in which he can make himself
eligible. The only rational course FOL
| him to pursue is to withdraw.
| Aside from all other considerations
| the eligibility cloud would hopelessll
ruin any chance the Judge might 9th
erwise have. should he remain in thu
! contest. under existing circumstances
Own Your Own Home.
! I. is not saying anything new to sa,
that the man who owns home or :
farm is much more interested in keep
ing It up and in gearing the com
nunity up than the rent payer who's
only interest Is a temporary one, last
ing until he moves.
4 Yet do you realize how rapidly boil
homes and farms are passing into tn
hands OF tenants-how rapidly grea
numbers Of Americans are becominl
lnomads?
In the six rich state of Illinois Iowa
Kansas, New York, Ohia and Pennsyl
Ivania the past generation has an In
crease Of 121.1s7 in the number O
tenant farmers. while the number
home -owning farmers actually de
creased by S2.9i5. And what vas tru
in these states is only sample
what has been going on in varying bu
increasing degree all over the country
4 But that ia only one side of the pic
ture. In the cities, too. tenancy ha
been increasing with similar rapidit,
Here and there you find a city whic
boasts that its Inhabitants own the'
own homes: but even in these conser
4 vative centers apartments and tene
ments are growing up like Jonah
gourds and every May Day is a tim
when thousands fit from place {
place.
AS soon as farmer makes pile
he moves into town and rents hous
or apartment, while some tenant move
upon the old homestead. and. Ike a
"a I0ndInr