Arizona weekly citizen., 1894-11-03
office are to be exercised" If the argu-

office are to be exercised" If the arQu. ment above advanced sill hold good es to an eiector, then the qualifications to hold office will be reduced to the require ments of the Crganlc law of this terri tory, which does not requirc, only by im p.lcatson, ,l residence S,f six months, toeetber 7It, the other Aqu.re ments in said act
 ! B. aa az: o' tbe. territorial legislature, spproreG Moi ch 2l, 1891, 1t is provided ' to NIL:
 ''Sec;,Jn l. No person who cenoot reaC aud write in the Englsh .anzuage
 hal De igi ia C, nod any territorial, {; c iunty, Jr- ctnrt O. istrlcs utfic9 Iu the IerntorJ uf Ar.zon8, whether the same ! be elecii,o s,r sppoIEt.ve, and no certifi- Cate !, e., g ] O. ur ;iJmmtssIoI stai oe Issued to re-scns so disquaiiGed." i 'SectIoL 3. All acts or parts of aots ip corfict with th-e act are hereby re- i dealed.'
 Ih.s appears to 6o m orisinr; act and | not dn aa.eCGn6L5 70 ss ctiD n 454 of the Revised Statutes; nor Go-s t effect to ! contInue in force any part lot said section 1 A. Seccuion 2933 oi the E visad Sta tt les of Ar.zona provides, to sit: ! w hen a statute has bt en .uacted by | the legislative power of the territory aud | nus become s iaw, DO UvheT statute, law Or rule is continued ia force because it | Is consistent with the provisions of such statute, pa-sed subsequently there | to, but in all cases provided for by such | subsequent statute or statutes, laws and rules, heretofore in force ID this terri I tOry whether consistent or not with the | provisions of such subsequent statutes, Onl- ss expressly continued Tn force by
 1t, shail be repealed and abrogated" If ihis, th-n, IS the true construction 1 of Jni5 act, then section 454 IS repealed and abrogated; then in addition to the | requirements of the act of congress, we have only the requirement prescribed by the act of 1891 for the holding of office | in this territory.
 Again, person may not be an electer, 1 and may be elected to "ffice, and may hold the office if he is otherwise quail | lied at the time be enters upon the du ties of the office. It Is sufficient if the | disability, If any, be removed before the term begIDe. Wide 2S Wis. 90 90 Id. l03, 26 Kans, 52, 63 Ind. 507, 24 Ills. 609
 In the case of State vs. Murray, 9 Wis. 49l. quoting from the opinion m that l case, Lyon, Justice, uses the following language:
 ''It has been argued that ,he logical result of these vIews would render minors, or persons who have not resided m this state one year at the time of sn election, but who in all other respects are qualified electors, eligible to be elected to public office, In ali cases where snch minors become of age, or such per sons complete residence of one year ID he state, before the commencement of the 'erm of office to which they may have been elected. Ia my opinion this argument is sound, and I think that persons elected to public ,ffice under such circumstances may lawfully hold the same. In other words, I think that ln those cases, as in thIs case, the dis qualifications relate to the holding of the office, and not to the election there to-"
 The attorney general correctly states the rule that votes cast for a candidate for office, who at the time is ineligible to hold the office, does not elect hls op- ponent who receives less number of votes. 1 am at loss to determine on what grounds board of supervisors would refuse to place the name of a per cOhS DCb od CiOOtOA OA NOtCis Ob luc AiSJ of candidates for office.
 From the examination we have given the subject, we are lead to conclude:
 FIrst.-ThRt the act of the territorial legislature of 1893, is in conflict with the organic law, and is, therefore, null and void.
 Second.--That a person possessing the qualifications required by the or Ganic law and the act of 1891, IS entitled to hold office in this territory, whether be is voter or not.
 Third.-Thst any person possessing the qualifications required by the or ganic law, and has made this territory his permanent domicile for six months, l is an elector whether his name appears upon the great registar or not.
 Fourth.-That person may be elected | to ofiicr who Is not voter at the tlme | of his election, but may hold his office 1, if h's disability IS removed before en- tering upon it's term.
 Respectfully,
 J. s. SNIFFEN,
 Florence, Arizona.