The Parker post. (Parker, Ariz.) 1910-1918, 1911-09-09
THE ELECTION PROBLEM.

Because of the certainty that a
certification of the returns of the
election of December II cannot reach
President Taft until after the first
of January, and since, therefore, his
proclamation announcing the admis-
sion ofof Arizona cannot issue until
after New Years the lawyers of
Arizona-so far as they have express
ed themselves-are in agreement that
the officers elected December 12-
except members Of the legislature,
or until January 1, 1915, says the Ari-
IONA Republican. The lawyers reach
these conclusions because of Section
IL of Article Z, and Section Fl Of
Article of the constitution.
Section II of Article reads:
There shall be a general election of
representatives in congress, and OF
state, county, and precinct officers
on the first Tuesday after the first
Monday in November of the first
even numbered year after the year
Arizona is admitted to statehood and
biennially thereafter
Section 81 of Article 4 reads
1.-The members of the first legislature
shall hold office until the first Mon
day in January 1913. The terms OF
office of the members of succeeding
legislatures shall be for two years. >
If the first election had been
scheduled early enough to permit
of a canvassing of the vote and a
certification of the result to Presi
dent Taft in time for him to issue
his proclamation in the coming De-
cember, then there necessarily would
be an election next year, these law
yers say, for in that case the year
1912 would be the "first even mum
bered year. after our admission.
These lawyers also explain that
the terms of the members of the
first legislature being expressly linn
tied to the first Monday in January
of 1913, the legislature cannot hold
over, and we can have no Legislative
session following next year, as would
be the case if we should have an cleo
ton in 1912. In other words, we
shall have a legislature in the early
part of the coming year, and no legis
lature thereafter until January, 1915
Granting that these lawyers cor
rectly describe the existing situation
the question arises, nevertheless, as
to whether it will be Impossible to
have a general election next year
UnquestiOnably, of course, the con
stitutiOn could be amended in time tC
provide an election next year. But
aside from that obvious fact, what is
to prevent the coming legislature
from enacting a law providing fol-
such election?
Would such a law be in conflict
with the constitution?
The constitution says that there
shall be a general election in every
even numbered year after the year o.
our admission, but it does not say
there may not be a general election
the same year we are admitted
Is the silence of the constitution
on this question to be considered a:
an inhibition against an extra cleo
ton?
If the legislature has the power tt
provide for such an election, sucf
power comes from its inherent RICH
to enact any law that is not prohib
tied by the constitution
There can be no question as tt
whether there will be federal cleo
ton in Arizona in November of mex
year-an election to choose presi
Dental electors and to choose a rep
resentative in congress for the con
stitution of the United States an(
the federal statutes therein mus
govern.
In any case, therefore, the electors
of Arizona will have an opportunity
next year to vote for president ant
vice-president of the United States
and for a congressman.