Arizona republican., 1919-09-24
WEDNESDAY MORNING SEPTEMBER .4. 1919
In this commonplace world every one is said to be romantic who either admires fine thing or does one.
 Pope.
The IneliaibiIi,x of Mr. Smith

Some of our Arizona contemporaries appear to think that Homer has been caught nodding again; that The Republican has been detected in a state of ignorance of the American constitution, the publi cation of that United States Senator Marcus A. Smith to be transferred from the forum the bench of the federal court that s to the judge ship of the federal district which may be created in this state
 With the joy and pride of Archimedes who found itT and shouted in Greek "Eureka" contempora- ries informing us that Mir Smith is ineligible to such an appointment Moreover, they are drawing the constitution upon angry and threatening manner it is cooked and primed and they threat ening to let it go off.
 We did not suppose that anybody, especially any body allowed about the reportoral editorial of newspaper office unaware of the inhibition which is being brandshed at There is similar provision in almost every state constitution prohibit ing the appointment of legislators various positions provision of this kind in the Arizona constitution very discussed last fall and the discussion had mighty influence the gubernatorial pagn. With the ineligibility of MT. Smith for the federal judgeship the district be created have nothing to do We not going to appoint MT Smith and not responsible for the inhibition Nor responsible for the rumor of the arrange ment to appoint him. We only published the rumor
 
 the proposed appointment of Mir Smith to the judge ship rumor contemplated his election to be king of Siam, we would stir have published it with even greater eclat and at greater length, and doubt, would have given the matter editorial attention at least as serious that which bestowed upon the rumor of the intended transfer of Mir. Smith to the bench.
 The went farther than the which to the public but did not follow it for seemed to lead into the field of unreasonable con lecture It involved the resignation of another fed era judge with the understanding that he would be appointed to the judgeship and then Mir Smith would be appointed to the vacancy in a judgeshp which had been created during the term which he elected" But did not make of that part of the for the that it did to be news but guess-work and rather rough guess work at that. It too far fetched.
 We do not know whether contemporaries heard of it not but it has very frequently happened that this inhibition has been drawn against representatives and senators and that gener ally way has been found to around it without actually breaking it. The most notable instance the case of Senator Knox who appointed ary of in 1909 the emoluments of that office having been increased during the of the senator, 19O51911. The resigned years before the expiration his term accept the portfolio of state
 There was a good deal of discussion of this matter at the time but remember nobody was quite cocksure of the constitutional inhibition as our con- temporaries seem to be in this case Still we think with them that MT. Smith is ineligible but we are not sure of it for have often heard and have seen it worked out. that Hove will find a way Anyhow it given to to the ntrcacies of the American constitution.