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

the Lawyers club at its regular
monthly meeting. Mr.. Field deals
with the question of judges ac-
cepting other than judicial noni-
nations for the term for which
they are elected. Mr.. Field said:
Mr.. President and Brethren Of the
Albuquerque Lawyers Club:
I am grateful to our new presi-
dent for this opportunity to engage
your attention for a short time.
With that zeal which characterizes
all his efforts, the president has
declared his purpose to make his
administration of the affairs OF
your body a period of constructive
activity, and has indicated in his
invitation to me that he wants
papers which will give the mem
bers something ito think about
and to talk about" l invite your
attention to subject about which
1 have thought a great deal but
talked very little: a subject which,
unless 1 exaggerate it's importance,
is second to none in the results
which will follow its proper solu-
ton, and the proper solution OF
which, unless l am again mistaken,
places heavy obligation upon the
bar.
In order that you may properly
weigh any argument which l may
make and any conclusion which |
may reach, I think l ought to say
at the outset that I have always
believed a judiciary appointed dur
ing good behavior was to be pre-
ferred to an elective judiciary,
that, while l have never had "a
superstitious reverence for the jul
dicial office" l have always had a
deep sense of my obligation as
lawyer to maintain so far as posi-
BILE the confidence of the people in
their courts and in the administra-
ton of justice, while at the same
time [ have always believed 1t to
be the highest duty of the bar to
combat and prevent on all proper
occasions any encroachment by the
judiciary upon public or private
right. | have always believed that
the bench, whether elective or ap-
pointive, is what the bar makes it,
and in the language of a great law
yer long since passed to his re-
ward, that "the last hope of this
country is the courage and integ-
rity of its bar"
If 1 may add that the purpose Of
this paper is prospective and i'm
personal, that 1 seek not to direct
attention to the past actions of any
man, nor yet to forestall the future
ambitions Of any other, but seek
only to secure your hearty CO.
operation in an effort to maintain
respect for an important constitu-
tional provision, which without
your active and courageous sup
port, and without the active and
courageous support of the bar of
the state, is about to become q
dead letter, invite you to consider
with me the provisions of Section
10 of Article of the Constitution
of the State of New Mexico as fol-
lows:
mo judge of the supreme or dis
trict court shall be nominated or
elected to any other than a judicial
office in this state"
In the brief time which I have
been able to give to the prepare
ton of this paper 1 have found
that 20 states, in addition to the
state of New Mexico, have analog-
Gus constitutional provisions, and
while have not had access to the
constitutions of all the states, those
to which I have had access have
sufficiently served my purpose,
and have indicated to my mind, as
/ hope they will indicate to yours,
that the net that so many states
have found it wise or expedient, by
constitutional provision, to attempt
to curb the political ambitions of
their judiciary is strongly persua-
sive that such ambitions need to
be curbed for the good of the state.
I say attempt to curb" advisedly,
because at time when public ex-
element was high and conditions
were not conducive to calm judg-
ment, precedent was made which
has defeated the purpose of these
constitutional provisions insofar as
congressional offices are involved.
So far as my imperfect investi-
cation has gone, the first state in
point of time to attempt such a
constitutional provision was Illi-
nois. which adopted in 1918, as
part of its organic law. the fol-
lowing:
"The judges Of the supreme and
circuit courts shall not be eligible
to any other. office or public trust,
of 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 of
them for any elective office, ex-
cept that of judge Of the supreme
or circuit courts, given by the gem
eral assembly or the people, shall
be void"
While Illinois was the first state
in point of time to forbid her jul
dietary to aspire to political office,
1t was q legislature of that state
which first disregarded the consti-
tutional requirement. In 1856 Ly-
man Trumbull, then holding a ju-
dicial office under the state of
Illinois, was elected to be a SEN
ator, defeating Stephen A. Douglas,
democrat, and Abraham Lincoln
for that office. 1t is said by Hern-
don, in his life of Lincoln, that the
election of Judge Trumbull was
brought about by the insistence of
Mr.. Lincoln, that his supporters
SllOuIu tuSL lIlelr NOleS IOT ITu1n-
bull because of his fear that a
further continuance of the division
of the republicans might result in
the election of Douglas. However
that may be, the fact is that Judge
Trumbull was chosen by the Iegis-
lature, received the certificate of
election, and when he presented
his credentials to the senate, was
admitted and sworn. over obiec-
ton, the senate holding that the
provision of the constitution of
Illinois, which I have cited. was in
conflict with the constitution of
the United States in that It at
tempted to create a disqualifica-
tion for the office of senator not
recognized by the latter instru-
ment.
While the precedent established
in this Trumbull case has been
consistently followed in both
houses of congress from that time
to this, IL is not inconceivable that
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