Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-01-04

knew that judges would be called
upon to sit in judgment upon
cases of large public and private
moment, and they also knew that
the righteous cause is not always
the popular one, and that it was
their purpose, in SO far as II could
be accomplished by the paramount
law, to. keep the judges out of
politics.
Both the letter and the spirit
Of the constitution are in harmony
with this view. We
cannot think that the trainers Of
the constitution intended that the
qualification of judge for cleo
ton to another office when that
officer was elected during his
term should depend upon the con-
tingency of that office beginning a
day before or a day after the ex-
piration Of his term; nor was 1t
their purpose to require the
elector to speculate as to whether
candidate, ineligible to hold an
office when voted for, might or
might not be eligible to hold the
office when the time to qualify
arrived. There were lawyers of
great learning, experience, and
ability in the convention that
framed our constitution, and they
knew the importance of combining
Judges to the performance of their
| judicial duties, and the evils that
would attend If judges were per-
mitted during their term to take
part in the activities of a political
campaign for the furtherance of
their own political ambition"
| Estate ex rel, Reynolds VS.. Howell,
1876 Pac. 955).
In a concurring opinion by
Chadwick, j., in which he is join
ed by Morris, j., it is said:
1.-THE public cares not whether an
office is filled by A. or B., so long
as it is duly administered. Then
why can a judicial officer not run
for a political office? The answer
is to be found in the constitution,
It's spirit is that judicial officer
assents when he comes to the Of
flee that for the term prescribed
in his certificate of election he
will divorce himself from political
activities. To give the constitution
any other meaning would defeat
! its purpose entirely"
And again he said:
"Office holding is privilege
and not a right, and 1t is well
within the power of the people to
insist that one who accepts n COM
mission for a definite term shall
forfeit the right to publicly as
pire to any other office, or an Of
flee Of a different character, not
while he remains an incumbent
but for a definite time. The con-
stitutional provision was written
not to protect the office, for II
needs no protection, but to re-
strain the man. If 1t is not SO
accepted, It serves no purpose, and
had better have been omitted en-
tirely."
While the dissenting Judge
Crow, with whom concurred Judge
Fullerton, said:
"As a matter of ethics, I'heartily
concur in the wholesome idea ex-
pressed in the majority opinion
that no Judge should under any
circumstances become a candidate
for or campaign for any non
judicial office while serving as O
Judge or during his term as
Judge. But I am unable to con.
clude that such views should lead
me into the position of placing the
construction on the constitution
which the majority have adopted
Another case decided by the
same court in 1918 serves TO en-
phasize the proposition which am
submitting to you and the distinc'
ton which is to be drawn between
congressional offices under the
constitution of the United States
and political offices under the con-
stitution and laws of the state. II
state vs. Howell (175 Pac. 569)
the facts as stated by the court
were that:
THE term of Judge J. Stanley
Webster, as justice of the su'
preme court of this state, would
expire in January, 1921. In May
1918, he resigned his position or
the bench and became a candidate
for the office of representative II
congress for one of the congress
sional districts of this state, anC
filed with the secretary of state
his declaration of candidacy. The
relator seeks to enjoin the print
ing Of Judge Webster's name or
the ballot for the primary election
contending that he is rendered in
eligible to hold the office of rep
resentative in congress by article 4
section Is, of the state constitu
ton, which provides that Judges o.
tho supreme court and of the SUI
perior court shall be ineligible tt
any other office or employment
during the term for which they
shall have been elected"
Refusing the injunction ant
holding that article 4 of section Il
of the constitution Of the state o.
Washington does not apply II
membership in either house o.
congress, the court said:
Some reliance has been placed
upon language used by this cour
in the case of State ex rel. Rey
nolds VS.. Howell, as sustaining th'
contention that Judge, upon as
Stunning his office agrees to thu
constitutional provisions. But i
must De remembered tnaL the OdtI
which the judge takes is not onl!
one Of allegiance to the constitu
ton OF the state, but the fedora
constitution as we'll. and wher'
those constitutions are in conflic
the first duty is to the superior
authority. 1t Is true that in thu
case Just referred to languag,
broader than was necessary to 1T
decision is used in the opinion, bu
the decision of that case is onl!
that a member of the court cannot
during the term for which he i
elected, become a candidate TO
any office created by the consti
tuition or laws of this state, othe
than a judicial office"
The court then refers to the de
cision OF congress in the Trumbul
case and. to other cases of simila
character. 1t clearly sustains tn
distinction which am pointing
out, and TO which I must give m,
assent upon the ground Of star
decicis, however much I may fee
that. though sound as legal pro
position, it is Of doubtful ethica
propriety for any Judge to &C
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