Arizona weekly journal-miner., 1889-08-28
An Open Letter.


 Constitutional Convention, and req sons are being urged why yon should omit to call it, look at the Act itself may solve the difficulty, whether such election should be held
 While it may be conceded, and assuredly is by large majority ot the Territory's best-thinking population that the Act Is unwise, and to carry out its provisions would entail an enormous and unnecessary expense for "white elephant" yet you must have excellent reasons for ignoring its mandates.
 And while your failure to issue the election proclamation would undoubt- edly meet with the earnest approval of the people, irrespective of party, you are hardly in position to question the utility or wisdom of the Act. But can We only find defects in the Act itself nullifying its efficiency and rendering its force quite Goubtful, then, Sir, urge that you will have ample and sui
 ficient reason for relegating the Act to its proper repose as desd-letter law, to "sleep its sleep of the unjust" And the purpose of this letter is to show that, no matter how much vitality and energy your proclamation of election may give the Act, there are glaring de- fects in the very Act itself which will almost completely strangle in its in cipiency any usefulness there may be in the Statehood movement.
 Section s of the Act endeavors to confer upon the Constitutional Con. vention the power to fix the time and manner of submitting the Constitu- ton, when framed, to adoption or re- jection by the qualified electors "for the purposes of this Act" And it is further attempted to give the Conven- ton the power, "in its discretion" to provide for the election of all or part of the State officers, at the same election.
 It is c matter of much serious and well-founded doubt whether the Legis- lature has the power to delegate the calling of an election to any one but the head of the executive department for the territory, county, city or dis trict in which the election is to be held. But granting for the sake of ar- gument ouly, that this subordinate body, entirely outside the executive department, may order an election, who shall issue and sign the proclama- ton of election! Assuredly not the Governor, for he is not subject to the behests of an inferior body. usurping legislative functions, even under an at tempted grant of such power by the Legislature itself. Say that the chair man of the Convention, or even all of the members may sign the call, of what force or efficiency is it, or what power is back of it to enforce it. It is true
 hat "vox populi," speaking through one man or set of men, may ask or d. rect an election, and the people desir- ing it and conssnting thereto, may at- tend it, but of what legal force are such elections unless ratified by law-making powers thereafterY And is the cleo ton machinery of the government sub ject to the call of every Tom, Dick and Harry, in such manner? And in this case, the consent of the people, the "vox populi", being wanting elee- ment. would the Chairman or Conven- ton be sustained in making such call!
 Now to another defect, and fatal one, even granting all else to be correct. The "time and m amer" of the election is to be solely within the sweet will of the Convention, with no restrictions by or from the people or the Legislature. 70, tempores O. mores!" indeed. They may order an election in ten days or not until ten years have rolled around. They may give notice of one day or one year for such election The voting may be by ballots, or beans, or bls ok and white balls. The Australian or any other system of bslloting may be forced upon us. And may not, or must not, the Convention name the election officers for all the different precincts of the Territory? There is no power di- recting the boards of supervisors of the different counties to name them, and neither is there any power to pay them. The Convention assuredly has no power to command the boards of super visors. Then, too, may not the time of keeping the polls open be shortened to one hour, or heightened to fifteen hours or moref And may not the so modify the qualihca- tions of electors "for the purposes of this Act" so that it will not be neces- sary to have resided within the Terri ! tory since sixty days before November fifth of thi. year, in order to vote at an election that may be held year after next, or later' Shall not the Conven- ton, also, legislste as to the form, color, size. shape and type used for the bal lots to be cast at the electionf May | they not provide that one man may | act as Judge. Inspector and Clerk of ,lection7
 It is indeed wise to provide that parts of the Constitution may be submitted md voted upon separately. But grant ng all these objections urged to be of 10 avail, here is truly 6 spectacle fit or the laughter of the gods." that 10 his Convention may be given to say whether the people may, also, at such ,lection, vote "for all or any portion of he officers of State government" To what end all this "fuss and feathers" bout Constitution unless 1t is to be arried into effecti Herein is shown he real animus of the would-be Con- They have an in- itching for the fame of being framers, but well know
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