Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-03-28

HHo SlC|teu ol appointed TO any other than
judicial Offices Or be eligible thereto during tho
term tor which he was elected or appointed
such Judge. AL votes or appointments for
either OF them for any elective or appointive
office except that of judge of the supreme court,
gwen by the Legislative assembly or the people
shall be void.
his seems, to be fairly conclusive. 1t will be
observed that the prohibition covers the full term
for winch the Judge was elected or appointed. hence
even his resignation Of the judicial position would
not make him eligible for any other until the full
term tor which he was elected or appointed has ex.
|pired.
A dispatch from Washington says that a rum
Der OF authorities IN the capitol hold that this clause
does not apply to federal positions sucl, as U,rted
states senatorships, and attention is called to a
South Dakota case in which, Notwithstanding a
clause IN the state constitution which is said to be
identical with the above, Ia judge was elected to
congress and is now serving in that BODY.
In support of the view that the constitutional
provision does not apply to positions in congress it
is pointed out that each house ofscongress is the sole
judge OF the qualifications of its own members, and
IS not bound by any rules or regulations which 4
state may sec fit to- make.
There can be no question OF the right If the
federal senate or house to seat or exclude any person
Claiming membership therein, and Of the complete
independence OF those bodies of state legislation.
Neither can there be any question that if "a Nortl,
Dakota Judge should go to Washington and claim
membership in the senate, presenting a certificate
OF election duly made out, he would be,scated. The
question is not what the senate would do with refer
ence to a provision in the constitution of North Da-
kota, but what the people of North Dakota are OK
|pected to do with reference to it.
There is a sentiment. not as strong in some
quarters as it might be, but still fairly strong gen
orally, that judicial positions are not and ought not
to be political that they should be separated as
widely as possible from political contests and con-
slderatlons and that the court should not be made
the stepping stone to political preference. In order
to give expression to this sentiment numerous pro-
visions have been made placing the judicial office
on a basis different from any other. One such pro-
vision is that above quoted. What does it mean?
Briefly, it means that North Dakota Judges
shall keep out of politics until their terms have ex-
pred. Our constitution cannot prevent congress
from seating any whom it may deem eligible. But
it did what it could, and all that it could, to prevent
the Judges OF the state from %mingling in political
campaigns and to remove from them the te1npta-
ton to rclegate their judicial duties. to a secondary
place. The constitution cannot regulate the acts
OF congress but it does undertake to govern the acts
OF its own citizens by declaring that neither the
people of the state nor the legislature OF the state
shall elect or appoint state judges 10 other than
judicial positions, and that any such elections or ap-
pointnents shall be void. And, for the sole purpose
tor which that clause was writtcn-the complete
separation Of the judiciary from politics-the can
didacy Of a judge for a federal position is as obiec-
tionable as it would be for a state office.
Those citizens Of North Dakota who are group
ed under the general classification of independents
have properly placed strong emphasis on ORDERLY
procedure in matters Of government, and on the
faithful observance, not merely of the letter, but of
the spirit OF the constitution. They cannot. now do
violence to that constitution BY using a transparent
subtertrge tor the evasion of its plain intent.
1t can be nothing more or less than subterfuge
to maintain that the constitution has any other in
tent than to separate its judiciary from politics.