The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-08-19
JUDGE M'CARRAN
IN RACE TO STAY

f. A. MeCarran, associate Justice Of
the Nevada Supreme Court, aecompa-
med by his family, arrived in Winnie
mucca by auto last evening from ClO-
yer Valley, Elko county, where they
spent two weeks vacation, visiting
with Mrs. MeCarran's people
Some time ago Judge MeCarran an-
n0unced his candidacy for the United
States Senate, when attention was
called TO Article 8, Section IL, of the
State Constitution, which provides that
judges cannot become candidates for
other than judicial offices during the
term for which they have been elected.
Seen by Silver State representative
lest evening, and asked if this clause
would have any effect upon his candi.
dacy, Judge McCarran replied:
Before announcing my candidacy
for the Senate, | thoroughly satisfied
myself with regard to this eonstitu
tional provision, going so far as to pre-
pare brief on the subject, copy of
which will be sent to anv voter who
may have doubts on the question.
Stating the case in a few words.
the federal Constitution delegates TO
congress sole authority to judge of the
election and qualifications of its mem
bers, and this prerogative cannot be
abrogated by the constitution of any
state In 1855, while sitting as JUS
tiee Of the Supreme Court of Illinois.
LYMAN Trumbull was elected to the
United States Senate. The constitu-
ton Of Illinois contains a provision
similar to that in the Nevada Consti
titution, and this point was raised The
Senate held that it was not within the
power of a state to fix the qualifiea-
tons of senator, other than those
contained in the federal constitution.
and Trumbnll was seated
Nine years after the Nevada Con
stitution was approved by Congress.
which approval carried with il the in
terpretation heretofore rendered in
the Trumbull case.
But there are more recent eases in
which Senator, elected while serving
his state in a judicial capacity, has
been seated. In 1912 James A. O'Gor.
man, Justice of the Supreme Court Of
New York, was elected to the United
States Senate, and did not resign from
the bench until he had received his
certificate of election. The New York
constitution contains a provision simi-
lar TO the one under discussion.
HIn our neighboring state of Cali
fornia, Congressman Raker was elected
TO the national House of Representa-
tives while sitting as Superior Judge
OF Lassen county, although the same
pl DIVISION rs Incorporated in the Cali
fornia constitution.
You might add that ! am in this
contest to stay, and that shall 90
through the campaign without induIg
ing in recriminations or personalities
and will not engage in those question
able practices, savoriug of corruption
which have frequently been charged to
candidates for this exalted office in the
state of Nevada. -
When viii YOU resume your duties
on the bench, Judge McCarran?'' was
asked by the reporter.
'Court will meet on the 18th of
September, and cases have been set
from that time up to October Ist. The
supreme Court is in a condition unpre-
eedented in its history, in that there is
rot ease before that body that has
been pending for more than 90 davs y,
Judge McCarran and family resumed
tier journey this morning, which will
h. made by easy stages to Carson City.