Arizona republican., 1911-10-12
HE EXP0UNDS
 PRIMARY LAW
Judge Lewis, in Gila Coun- ty Case, Tells Why New ly Registered Electors do Not Have the Right to Vote.

The decision pf Judge Lewis in the Gila county primary case is matter which will be of interest to practical ly all the voters of Maricora county. as the questions involved in the de- cision have been widely discussed here The decision in full is as fol- lows:
 This is an application for a tenn porary injunction to restrain th, county recorder and the board of su- rervisors of Gna county from print ing and delivering to the board O. election a supplemental great registe~ containing the names of electors reg istercd suhseauent to August -@rd 1910. The appication presents tha question as tp whether or not th. great register to be used at th. primary election and at the election of state officers. was closed prior e. the election of delegates Co the con stitutional convention
 The provisions of the various act- cited tp the court touching the qu,s- ton are as follows:
 Sec 70 of the Enabling Act.
 Sec 23 of the Enabling Act
 Paragraph 22S2 of the F. <. Arl- zona 1901
 Section 9. Election Ordinance N. 2.
 Section ;. Subdivision NJ. Election Ordinance No. ?.
 section :. il. J Gosoution 15t. CSmith Flood ResJ
 It is clear that under Section 1g of the Enabling Act and Paragraph 2-a2 ot the Revised Statutes of 1901 that to be a qualified elcctor at the olcc- ton pf delegates to the constitutional convention. a voter must be regis tered. Registration is an essential element oC qualification
 Section 19 of the Enabling Act pro- vides for a rercgistration subsequent tc the proclamation for the election of delegates tn the constitutional con vention and that the names SD regis tered together with the names upon the great register for the year 1908 shall constitute the great register of the county and to be used at each of the elections therein provided for. amongst others, the election of state officers Sections 19 and 23 of said act further provide that the qua'ifi- cations of voters at the election for the ratification of the constitution and for state officers shall be the same as for the election of delegates to the constitutional convention It .H
 more clearly indicating the purpose of congress. to permit only thoscl c-cc- tors who qualified to initiate state form of government by registering for the election of delegates tp the con stitutional convention. to vote upon the ratification of the constitution and at the election of the first state officers.
 Section of Ordinance No. adopt cd bv the constitutional convention rcitcratcs the statement that onIv those voters shall be qualified to vot, at the state election whose names shall appear upon the great register as constituted by Section 10 of the Enabling Act.
 Subdivision NJ of Section of said ordinance preScrlbes the same quail fication for electors at the primary election.
 The clause of Section of the Smith Flood resolution reading Except as herein otherwise provided. said cleo ton upon this amendment shall be in all respects. except as to the cduca- tioral qualifications of electors sub iect to inc election laws of Arizpua now in force" does not modify or change the effect of the provisions or the Enabling Act and of Election Ordinance No. 9 This section has the effect of providing the qualifications of electors upon the amendment Go the constitution, concerning which there was no previous legislation.