Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-04-16
SIOUX CITY ATTORNEYS DECLARE
JUDGE IS BARRED FROM
s. SEEKING OFFICE.
CONSTITUTION OF STATE
HELD TO BE A BAR
Law Says District Judges Can Aspire
Only to Supreme Bench While Hold
ing offics-Nams Might BE Kept or
Ticket by Injunction Process If
Nominated, Lawyers Declare.

SIOUX City, Aprll 16.-AnnOuncement
by Judge c. G. Lee, Of Ames. that he
y would be candidate for governor on
the republican ticket has caused sug-
gestion on the part Of Sioux City at
torneys that the judge can not seek
the Office legally.
The suggestion was discussed by .
number Of attorneys yesterday. and
some indicated belief that even II the
Ames man were successful in the pri-
mary fight against tho other two can
didates he might be kept off the cleo
ton ticket by Injunction process.
Suggestion that Judge Lee could not
seek the Office legally II based on the
fact that the fudge Is now presiding in
the district court and the further fact
that the state constitution apparent~
~ makes district judges ineligible. for
any other office during their terms.
Exception Is made in the matter OF SUI
: Dreme court Justices. A district Judge
may seek that elevation while stin on
the bench. sa. 40
Refer to Constitution.
The particular section Of the consti-
tuition that has been connected up with
the Lee announcement is carried in ar
ticle 8. Section s. OF that article,
states: s.islf
ne District court shall consist OF 8
single judge. who shall be elected by
the qualified electors OF the district
in which he resides.
".rhe Judge cf the district court shall
hold his office for the term Of four
years and until his successor shall have
been elected and qualified: and shall
be Ineligible to any other office, ex-
,cept that Of Judge Of the supreme court
during the term for which he was
elected
That the purpose and intent of the
law is to cover such instances as the
one created by the projection Of the
candidacy of Judge Lee was the con-
tentiOn Of d. C. Shull.
Mr.. Shull stated the belief that the
clause Of the constitution was not to be
construed as permitting judge to seek
another state Office during his term
on the bench.
e 1.-THE Judge IS elected to rule impair
tally on the questions presented to
him. He II elected to protect the rights
OF every man that comes into court,
and the constitutional provision as to
I eligibility to other offices manifestly
i J" as NiuSANACu " "a OvSAAI iJuu6O0 4AOA1A
favoring one as over another in order
ITO gain political prestige" said MI.
Shull.
There can be no question as to the
need of such provision. Judges like
other people are human. and the fact
\ that they are sesltnE other offices lays
their judicial decisions open to pos
siblo charges that such decisions may
have been; biased thru politician con-
siderations. It is my belief that 1t is
the intent of the constitution that q
district fudge shall not seek the gov
ernorship, for instance. during the
judges term
Others DO Not Agree.
Other attorneys were Of the opinion
that the Lewis case differed materially
from that OF Judge Lee. Judge Lewis
was seeking the congressional place.
and IL was stated by attorneys that the
constitution Of the United States pro-
yides that the house of representatives
: shalt determine the eligibility or In
eligibility Of its members. In such an
instance 1t was the belief of attor-
neys that the state constitutional pro-
vision was usurpation of power and
would not be effective in barring man
from office
X Local politicians were unable to cite
Instances in support of the contention
that Judge Les could legally qualify
as candidate it he passed the pri-
mary test.