Arizona republican., 1910-11-04


 exceedingly narrow margin of the democratic vote in the constitutional convention yesterday, not merely a peril, but the certain shipWreck of statehood was averted. So doubtful was the result of the beginning of the roll call that those who still had some hope of statehood felt nervous.
 This happened in the committee of the whole, which was engaged in the consideration of the report of the ju- dietary committee recommending the defeat of MT. Cunniffs proposition, No 63, relating to injunctions. and proposition No. 123 for it's amend ment
 This proposition was designed to prevent courts from issuing injunc- tions restraining persons or associa- tions from doing such things as they may have a legal right to do under the guaranty of the constitution of the United States.
 The particularly objectionable feat ure of the measure in the eyes of the committee was the following:
 And if any judge of any court now, O. hereinafter to be, established by
 
 violate this article and shall, further, enforce any writ of injunction forbid den by this article, by compelling ob- servance of such writ of injunction or such part of a writ of injunction, or shall further punish any person or persons, association or associations, for disobeying such writ of injunction or such part of a writ of injunction, he shall be guilty of malfeasance in office and shall be subject to i'm peachment in the manner described in this constitution for the impeachment and trial of judges; and if on inn peachment and trial such judge be found guilty of violation of this ar ticle, he shall forfeit his office"
 A .YAVAPAI PLEDGE.
 This was taken up in regular order in the whole committee and MT. Gun ningham moved that the report of the judiciary committee recommending the indefinite postpOnement of the two propositions be adopted MT. Cunniff. by way of an amendment to the mo- tion, moved that the committee do not concur, but that No. s be amended as was proposed by No. 123.
 Then the debate was on. This, said MT Cunniff, was a serious attempt to fulfill a pledge which he and his colleagues of the Yavapai delegation had given to their constituents and, moreover. he believed that the meas ure would correct an evil, and that so far as Arizona was concerned, if the proposition were adopted it would prove a solution of the difficulties that have arisen because of the abuse of the injunctive power of the courts. The constitution, he said. was the place to prohibit the usurpation of power which had never been given to the courts
 It might be considered, said Mir. Cunniff. that the measure in its orig inaI form was too drastic and it had therefore been proposed to amend it by the latter proposition so that it would merely indicate to the courts that there was a limit beyond which they must not go.
 It was also in accord, he said, with the national democratic policy. as enunciated in the last convention, and he desired that the democrats embrace the opportunity to engraft it upon the constitution of Arizona.
 There was nothing else like it, Mir Cunniff admitted, anywhere in the wide world, but his colleagues must remember that since the abuse of the injunctive power had become so great within the last decade, no consittu- tions had been formed.
 BORE. DOWN ON COURTS.
 He defended the drastic penalty proposed on the ground that the of lending court would not make a mis- take. that the error would be one of the heart and not of the head, and that it would therefore be deserving of severe punishment The longer MT. Cunniff talked the more severe and general his strictures of the courts became and persons of socialistic ten dencies both on the floor and in the galleries, applauded with vigor.
 MT. Cunniff said that he had come to the convention opposed to the plan of making the recall applicable to the courts but he said that he had ob- served that while there were checks upon the executive and legislative branches of the government, there were none on the judiciary. In the last ten years, he said. the courts. at the behest of the vested interests, had