Weekly journal-miner., 1909-10-13
LOCAL OPTION ELECTIONS
 ARE HELD TO BE VOID
(From Fridays Daily.)

All the local election options that have been held in Yavapai county, except the one at Camp Verde and all the petitions that are before the su- pervisors, are void, according to the opinion given yesterday by Attorney N. A. Vyne before the board. MT. Vyne represented the people who filed the local option petition for Mayer, and he was very frank in stating that the same is null, on account of , the fact that it is not a political subdivision within the meaning of the law. Valid local option elections, he declared, could only be held in four ways, viz: in the entire county, in incorporated cities, in justice pre- cincts and in school districts. The supreme court of Texas, he pointed out, had ruled that districts could not be specially created for the purpose of a local option election, and he therefore asked the board to fix boundaries in the Mayer district, and designate it as a justice precinct. MT. Vyne understood that Joe Mayer had a petition with certain boundaries delineated, and he was willing to ae- eept them as the boundaries of the proposed new precinct. Supervisor Smith said: CT move that we do not cut up any justices precincts. Let us have a mandamus suit if it costs the county $1O,OOO" <"
 MT. Vyne here explained that it was the duty of the board, as pre- seribed by law, to divide the county into precincts. The board had no right to Obstruet these matters, but should let the people decide for them selves as to whether or not they de sire local option.
 Supervisor Stewart seconded Smith s motion, and upon the roll being call ed, Harrington stood alone in favor of establishing justice precincts in or der that local option elections might he valid after being called and held.
 Vyne intimated that mandamus pro- eeedings would be instituted to com pei the supervisors to obey the law, and that the same would apply to the entire county, inasmueh as the board had refused to establish those pre- eincts which were required for local option purposes.
 When the session opened, Attorney F. O. Smith appeared and demanded that the Walker local option returns be opened and eanvassed, the board having adjourned at its previous meet ing without taking any action in the matter.
 Supervisor Smith declared that the Walker election was illegal while Su- pervisor Harrington was of the opin ion that the eanvassing of the re- turns would have no bearing what ever upon the legality of the elee- tion.
 Attorney Ling filed a typewriter opinion to the effect that the Walker election was illegal on the ground that the returns must be canvassed at a special meeting of the board, due notice of which meeting must be giv- en five days in advance thereof and entered in the minutes. He was also of the opinion that the law was de- fective in that it did not provide for registration, and that the registrations made by electors prior to the Walker election were illegal and the electlon therefore was void
 Attorney Smith called attention of the board to the fact that the law made it mandatory upon that body to canvass the returns. "It would be a monstrous thing" he declared, Eff the board could determine the legality of elections. It is not for the board to say whether any cleo tion is regular or irregular. That is a matter solely for the courts to deeide.''
 "I want a mandamus," asserted Supervisor Smith. "I move that we don't count the votes"
 "Do hear a seeondi" asked the chairman.
 "I second it,'' said Stewart, and upon the roll being called Harrington east the minority vote.
 Upon Smiths motion the same dis position was made of the Kirkland vote and no action was taken upon the petition from Humboldt for a To- cal option election in view of the plain reasons given by Attorney Vyne as to the invalidity of the proposed | election if held without the district | first being officially established as a justice precinct. Accordingly, there