Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-01-04
FIELD URGES STRICT ADHERENCE
TO CONSTITUTIONAL BAN AGAINST
JUDGES Seeking OTHER OFFICES
State of New Mexico Alone Forbids "Nomina-
ton" of Judge for Amy Except Judicial Of
flee During Term for Which He Was Elect
ed; Nestor of Local Bar Says Term "Nom-
nation" is Not Technical Word.

SOlSlllH plONlnlOll VI thSAA NOh"Ni
tuition required judicial officers
within that state to contract with
them, under oath, at the time of
accepting judicial office that they
would not aspire to office other
than judicial during the term for
which they were chosen and for
one year thereafter; that they had
required their legislative represent
atives to contract with them. under
oath, that they would not vote for
persons holding judicial office in
violation of this provision, and had
declared that such votes, II given,
should be void. Yet the senate of
the United States found it possible
to say that the right of lyman
Trumbull to become a senator OF
the United States from the state
of Illinois-of which he probably
did not dream at the time he was
elevated to the judicial Office
was superior to the right of the
people Of Illinois to declare In
their organic law their will that
judicial officers should not as3sre
to political office during the 'erm
for which they were elected nor
for one year thereafter.
While the reasoning by which
the conclusion is supported Is for
from convincing, the reason which
induced the conclusion is more or
less clear. Douglas was indiffer-
ent as to whether slavery should
be extended into the territories.
Lincoln was bitterly opposed to
that extension and, presumably,
Trumbull shared his views. The
doctrine of state rights was the
very citadel of the pro-slavery adj
vocates, and 1t is not difficult to
conclude that the right of the
people of the state of Illinois to
make their own organic law to
govern their legislative represent
atives in the state and nation re-
ceived but scant consideration at
the hands of the anti-slavery men
In congress of the United States,
and elsewhere.
ConceiEing, as ] do, that the
Trumbull precedent Is too firmly
established to expect it's overthrow,
unless it should at some time be-
come necessary for the senate to
overrule it in order TO exclude a
senator-elect whose admission
might jeopardize party control, and
waving, as I do, the question as
to whether judicial officer In
New Mexico should or should not
consider himself morally bound to
abide by che letter Of the consti-
tuition as written and refrain from
accepting political office. l submit
to you as lawyers that this provi-
sion Of the constitution Is one OF
such tremendous Importance that
it should be observed in its letter
and spirit by all good citizens OF
the state of New Mexico, and es-
peclally by the judicial Officers
charged with the administration
of the laws of the state.
I further submit that 1t should
not be destroyed by a narrow con-
struction nor FILTERED away by
technical evasions. or all the con-
situations which I have examined
that of New Mexico alone forbids
the domination" of a judicial Of
ficer to any other than a judicial
office. Nomination Is not a
technical word with a confined and
narrow meaning. 1t requires nei-
Their skilled philology nor legal
training to grasp the idea intended
to be conveyed by its use. 1.-The
man in the street" when he reads
this provision of the constitution
understands the prohibition which
the constitution makers intended
and he will tell you if you ask him
, that it forbids judges to put them
selves forward or to permit Others
to put them forward as competi-
tors for the suffrages of their fell
low citizens for political office.
These constitutional provision:
in the various states have been q
fruitful source of controversy ir
| the courts, and many cases are tC
be found in the books in which
much learning has been expended
in an effort to support conclusion.
which more often than otherwise
appear to have been dictated BY
political exigencies. do not pro.
| fess to have examined all the
cases, nor do / think that suei
examination would be profitable
or would repay the labor involved
A. careful study OF single case
has convinced me that there 1,
practical uniformity Of view a.
| to the purposes sought to be sub.
served by these constitutional pro.
| visions, of the reasons which in.
duced their original adoption an6
of the end accomplished by obed
fence to them. The case to which
I refer arose in the state of Wash.
ington in 1919, and the facts a.
stated in the opinion are as fol
flows:
"This is an application for 9
permanent writ of prohibition
prohibiting the state canvassinf
board from certifying to the score
tary of state the nomination of the
defendant Black as governor Of
the state. and prohibiting the
latter from certifying his nomin
alton. .
ut is further alleged that OF
November 2, 1908, the defendan
Black was duly elected to the of
flee of judge of the superior
court of the state for a term o,
four years, commencing on tn,
second Monday in January, 1909
and until his Successor should b.
elected and Qualified; that HI
| duly qualified for the office, en-
tered upon the discharge of hi
duties, and still is such judge, ant
that, by reason Of his election ant
qualification as such Judge, he Il
ineligible to be elected or to hole
the office of governor of the stat,
for the term commencing on tn,
Wednesday following the second
Monday of January, 1913. II Il
further alleged that the state can
wasting board and the secretary O.
state have declared their intention
to and will certify his name a,
the candidate on the Democrat,
ticket for governor, unless prohi
bited by this court. The defend
ants have demurred to the aft
davit upon the ground that /
does not state facts sufficient t
entitle the relator to relief"
The writ of prohibition wal
granted by court below. and tina
action was sustained by tn,
supreme court. Much stress wa
laid in the opinion upon the par
ticular language of the constitu
/ ttAp re 49, - -. -.