The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1914-03-05
STATE CONSTITUTION VS.. v. s.
OFFICE.

AS there has been more or less dis
cussion brought to the front by the in
distance of the political opponents of
Judge Ailshie that he is prohibited from
holding the office of United States sem
ator under the constitution of the state
Of Idaho. the Globe presents herewith
the comments on this question of an
able constitutional lawyer who was a
member of the convention which franz
ed the constitution Of this state, includ-
ing the provision under discussion. The
remarks, as will be noted, are directed
to an article appearing In the Deary
hands. The Deary Enterprise as well as
another paper at Boville. was recently
purchased by w. H. Mason, late of
Moscow. who was one of the legislative
members from Latah county who helped
defeat the north in it's demands for the
election Of a man from this section Of
the state for United States senator. Mr..
Mason is stu working along the same
line a. then-that IL for Burton L.
French; all other interests be did. The
comments which follow we commend
to our readers:
IT do not believe that the editor, Mr..
Mason. wishes to do Judge Ailshie an
injustice. or deceive the public; he is
simply giving his opinion on consti-
tutionai question without giving the Sec
ton to which he refers the considera-
ton Of its merits before using 1t to
render ineligible the opponent Of his
client. I am q sticlxler for strict obser-
vance of our state constitution, as al
% appears to be Mr.. Mason Of the
Deary Enterprise. hence a. / take is
sue with him on the eligibility Of Mr..
Ailshie. as regards the prohibition of
our constitution must be wrong, or
else he is not correct in his intsrpreta-
ton.
"Conceding that we both desire to be
fair. let US examine the section which
10 involved in the question. Section 7,
Article s. of the Constitution OF Idaho
as quoted In the editorial of Mr.. Mason,
Is as follows:
"No justice of the supreme court |
shall be eligible to any other office of
profit or trust under the laws of this |
state. during the term for which he was
elected.
"There are two palpable errors under
which the constitutional lawyer, who
edits the Enterprise is laboring, first |
u. s. Senators are not elected under
state laws, hence the section quoted does
not apply. Then again If Judge Ailshie
is elected to the U. s. senate at the
coming election, he will not be eligible to
fill the position until the term Of Sena-
tor Brady expires. which will not oc-
cur until next March. while the term for
which Judge Ailshie was elected as
judge expires approximately two months
prior to that time. hence 1t can hardly |
be maintained that the constitutional |
inhibition protrudes into the indefinite |
future.
I'VE all desire to be fair, and In the |
Interest Of Justice, believe that the
Electors should not be misinformed as
10 the meaning of so important q pro-
vision Of our state constitution. It may
be presumption on the part Of Judge
Ailshie to aspire to the U. 8. senate
when Mr.. French desires the place;
With that am not prepared to grapple.
Mr.. Mason of the Deary Enterprise
may be a better judge Of the merits
Of the rival candidates than I. as ap-
he is running newspaper in
the interest Of Congressman French.
and is presumed to be familiar with the
interests of the man for whom he is
his paper"