Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-07-30

w net1er one nOlQlnS JuQ1Cldl Oh
flee in Nevada can 'De a candidate fol
congressional honors is question
that will be threshed from al
angles, now that Hon. p A. McCa--
ran, member of the Supreme bench
of Nevada. has declared his purpose
to become an aspirant for the Unit
ed States senatorship at the next
election The ink on the paper in
which Judge McCarran made the an
nouncement of his candidacy had
hardly become dry when the Tono-
rah Bonanza negatived the PROPOSE
ton, taking the Nevada statutdS for
its authority, and probably other
papers in the state will take up the
Bonanza's line of argument. Judge
McCarran, however, feels secure in
tense of his candidacy, has prepared
brief citing authorities that uphold
his contention and has furnished it
20 the press for publication. 1t IS
as follows, and in publishing it the
Appeal does not pretend to say
whether it is good law or not, leav-
ing that for the lawyers and courts
10 decide:
The fact that two members of the
Supreme court have been mentioned
in the public press as possible aspir-
ants for senatorial honors, and one
of these, Justice McCarran, has al
ready declared his intention to strive
n that direction, has raised the ques-
ion OF their qualifications for cleo
Ion to that office.
There is a section in the state con-
stitution which, if it were the law
governing the question, would seem
TO prohibit Supreme or Districx
Judge from becoming the candidate
for amy office other than a judicial
office, during the term for which
they have been elected
The subject has been one of con-
siderable discussion, but is not one
Undecided by authority; it has been
determined by both branches OF the
national congress, and the determin-
alton OF these bodies, being supreme
and final settles the question.
The constitution of the United
States. Article /, in fixing the quail
fications of United States senators,
provides:
"No person shall be senator who
shall not have attained to the age of
thirty years, and been nine years a
citizen OF the United States, and who
shall not, when elected, be an inha'o-
liant OF that state for which he shall
be chosen" Sec 95, Rev. Laws,
1912.
Section 5 or article l OF the Con-
stitution of the united States pro-
vides
Each house shall be the judge of
the elections, returns and qualifica-
tons of its own memoirs. Sec. 102,
Rev. Laws, 1912.
The meaning, the spirit and the
intent Of these provisions of the Con
stitution of the United States have
been interpreted and fixed by each
of the branches OF the national con-
gress.
The Constitution of the state CT
Illinois in lS4S provided as follows:
The Judges OF the Supreme and
Circuit courts shall not be eligible
to any other office OF public trust
or profit in this state, or the United
States, during the term for which
they are elected, nor for one year
thereafter. All votes for either If
them for any elective office (exce 1t
that OF judge OF the Supreme or Cir
cult courts) given by the general as
sembly or The people shall be void"
Notwithstanding this constitution
al provision, Mr.. Lyman Trumbull.
a judge of the Supreme court Of
Illinois, was, in February, 1855,
elected TO the senate of the Unitei
States for the term beginning March
4. 1855. His right to seat being
protested by reason of the constitu-
tional provision of the state OF Illi-
nois. the United States senate, after
lengthy consideration of the mat
ter, held that this clause of the Con-
stitution of Illinois, SO far as it re-
lated to the election of United States
senaors and congressman, was void,