The Carson Daily Appeal

THE DEMOCRACY AND THE GOVERNORSHIP.

The Humboldt Register calls attention to the rather unimportant fact that Judge Berry, being a duly elected Judge, is ineligible to the office of Governor. The Constitution lets out all Judges during the terms for which they were elected, from election to any but a judicial office. Thus, while Judge Berry would be eligible to the Supreme bench he is entirely ineligible to any other kind of office either by election or appointment. This is perfectly plain and decisive.

We have alluded to this as an "unimportant" fact for several reasons. Firstly, Berry couldn't get the nomination if he were eligible; and second, he couldn't be elected if he were nominated. The fight lies between Ellis and Thornburg. Neither Hyman nor Proctor will be heard of in the race. We mean by saying that Berry couldn't be elected if he were nominated that no Democrat can be elected Governor of this State if the Republicans do justice to themselves by their nominations. But the Democrats talk as they always do, just as if they were going to win. Supposing for the sake of the argument that they have a chance of success, we should have a choice between Democrats. Ellis would be our man against the field. He has a good, square record as a rebel. He was in Price's army for a time. All the others, his competitors, (with perhaps the exception of Hyman, of whose record we know nothing) were stay at home rebels. Berry is an Illinois rebel, and Proctor and Thornburg are Southern born, stay at home rebels. They are all clever enough; but they won't do, politically, even as Democrats. Ellis is "clear chawed." We voted for Thornburg once when he ran as the Know Nothing candidate for Sheriff of Yuba county against Mike Gray; but that don't count now. Moreover Ellis is by all odds the best qualified Democrat whose name has been used in connection with the Gubernatorial office. He is one of the best lawyers in the State and as honest as a disbanded rebel knows how to be. Furthermore he is Carson man and takes the Appeal.

It will be a pretty fight between Ellis and Thornburg. They are both good rustlers. Storey is conceded to Thornburg. The battle ground between him and Ellis will be White Pine. Whoever gets that county will be likely to carry the convention. Hyman, if he can't get the nomination for himself will do all he can for Ellis. All the western counties will go for Ellis in the convention. We don't believe Berry ever had any show for a nomination and now that his ineligibility is so widely known, of course he is overboard. It may be possible that he will come into the convention with a handful of votes and with them hold the balance of power. We suppose he would throw them in favor of Thornburg—he being supported by Tom Williams, and Williams and Berry sharing the same quill. If a Black Republican may be permitted to speak a good word for a copperhead we wish to be considered as pulling for Ellis. Thornburg's friends will doubtless point to this and say: The Appeal wants Ellis nominated because he is easier beaten than Thornburg. If so, they are off the track. We believe that Ellis would be vastly stronger than any man the copperheads could nominate. He is one of their best talkers, has "suffered" for his party and knows how to work. Thornburg is too "high toned"—like Williams—to be popular with the boys. Frank Proctor would out run Thornburg. As to Hyman we suppose his strong suit would be in not being known—like Polk.