Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-04-17
AN IOWA ELIGIBILITY ISSUE.

Can Judge G. G. Lee. of Ames, VINO
has inst announced a candidacy for
the republican nomination for gov
ernor. qualify for the office to which
he aspires?
Article S, section 5. OF the consti-
tuition Of Iowa, provides:
The district court shall consist OF
single Judge, who shall be elected py
the qualified electors Of the district IN
which he resides. The Judge OF the
district court shall hold his office for
the term Of four years ana until MS
successor shall have been elected ana
qualified: and shall be Ineligible to any
other office. except that of judge OF the
supreme court, during the term Tor
which he was elected.
There Is no doubt as to the mean
Ing OF this constitutional provision. II
expresses the will of the state tina,
Judges shall stay out Of politics other
than that relating to the bench. The
idea is that while a Judge on the bench
is rendering decisions affecting grave
property and personal interests he
shall keep himself free from such obi
cations toward individuals and inter
ests as might be involved in a cam
paign for a political office. The pro-
priety of this principle VIII not be
questioned.
During the late primary campaign
in South Dakota the question was
raised whether similar constitu-
tional provision should operate as
bar 20 the candidacy OF g. district
Judge for congress. The weight OF
legal opinion there was to the effect
that the provision OF state constitu-
ton could not be made operative
against a candidate for an office Tor
which qualifications were fixed by the
federal constitution. However, the
South Dakota judge against whom the
ineligibility argument was pushed
most diligently was defeated In the
urinary, and the opinion was ex-
pressed quite freely that exploitation
Of his alleged defiance OF the state
constitution figured largely in his de-
feat Disputes over the right OF Iowa
Judges to seek congressional prefer
ment have not been infrequent, but
so far as is now recalled the ineligi-
bility argument has not operated as
bar TO the political advancement
sought.
The status Of Judge who is seek
ing an office wholly within control OF
the state is, Of course. different from
that Of one seeking a federal office.
There is no question Of the right OF
the state to forbid a state Judge from
becoming a candidate for other than
judicial state office. The only ques-
ton il whether there IS legal machin-
cry by which the plain intent OF the
constitution can de enforced. Wheth-
er or not such machinery is available
is a question for lawyers to decide
Judge Lee presumably Is good law
yer Another presumption is that
Judge Lee is quite familiar with the
constitutional provision above quoted
| and that he believes it can not BIT
| applied to prevent him from beins
| elected and qualifying as governor.
Whatever the legal aspects Of the
matter may be, the raising Of the ell
| gibili.y question may have a depress.
Ing effect upon the candidacy Of
Judge Lee. The principle that the
! trainers Of the constitution sought tc
apply reamins to be dealt with. The
possibility OF harm to the Eublic thru
the mlngling Of judges in everyday
politics is much more keerly appre-
cited to-day than 1t was when the Iowa
| constitution was framed.