Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1909-10-12
SEGREGATION
LOCAL OPTION
LAW HELD GOOD
Judge Kent Hands Down De-
cision Which Says that Lo-
cal Option Elections Must
Be Separate in Incorporat-
ed Cities

Judge Kent on Saturday last handed
down the following decision in Phoe-
nix, uphoiding what is known as the
segregation local option law:
THE legislature at its last session
passed an act commonly known as
the segregation act, which in effect
provides for separate counting of
ballots in an incorporated town or
village from the ballots cast in the
precinct in which such town or viii
lage may be situated. at local op-
ton election. A petition having been
filed by certain inhabitants of Tempe
justice precinct, which is a precinct
including in its boundaries an incor-
porated town, for holding local op-
ton election in such precinct, the
board of supervisors announced their
only one election precinct for such
local option election. An application
was made by Gibson for writ of
mandamus against the board of su-
peryisors to compel them to establish
at least two election precincts within
the Tempe justice precinct; that ap-
| plication is resisted by the board OF
supervisors on the ground that they
are not compelled, as a matter of
| law, to provide for more than one
election precinct within the justice
precinct The question arises as to
the power of the court by mandamus
to compel the board of supervisors
TO declare and define at least two
election precincts within the justice
precinct. The action of the board of
supervisors, if valid, and if it cannot
be changed by the court in this pro-
ceeding, in effect utilities the action
of the legislature in the segregation
law. OF course it is the duty of the
court, wherever possible, TO see that
the will of the legislators as ex-
pressed by them in their enactments
is carried out. and the question of the
advisability or non-advisability of
the law is not a question for the
court. There was no machinery pro
| vided in the amendment to the
local option law passed by the legis-
lature, known as the segregation act,
for casting the ballots inside the in
corporated town or outside of it, and
resort must be had to the general
law on the subject to ascertain the
power of the court. Paragraph eI3 OF
the revised statutes, defining the duty
of the board of supervisors and theiI
, powers, authorizes them to establish
, abolish and change election precincts
, but I do not find in that section any
authority of the court TO compel any
change by the board of supervisors
: of election precincts. Paragraph 2S04
of the revised statutes provides tha
the board of supervisors of each coun
ty must establish a convenient mum
ber of election precincts Conven
lent is defined by the photographer
! 10 De- IN lJS PRIMARY medIihB' III
suitable, proper adapted to an end,
] The word. tested by those meanings
as given, would seem TO me to NEAR
not only that the election precincts
must be established such as may be
J in the secondary meaning of the word
> convenient to voters, but adapted Il
the end desired. Tested by that defin
ition, where the legislature requires
by its enactment, or rather where tbs
Legislature specifies by its enactmen
that ballots in the town shall b:
Z counted separately from those outsid,
: of the town in a justice precinct tn,
!. establishment of merely one election