The Holbrook news., 1911-10-20

Vote.
 The decision of Judge Lewis in the
 Gila county primary case is a matter
 which will be of interest to many vot-
 CTS in this county as the questions involv-
 ed in the decision has been widely dis
 cussed here and at Winslow. The di-
 cision in full is as follows Tkis is an application for temporary
 injuction to restrain the county record
 CT and the board of supervisors of Gila
 county from printing and delivering to
 the board of election a supplemental
 great register containing the names of electors registered subsequent to Aug. 2Srd, 1910. The application presents the question as to whether or not the great register to be used at the primary election and at the election of state officers, was closed prior to the election of delegates to the constitutional con vention.
 The provisions of the various acts cited to the court touching the question are as follows:
 Sec. 19 of the enabling act.
 Sec. 23 of the enabling act.
 Paragraphs 2282 of the R. S. Arizo- na 1901.
 Sec. 3 election ordinance no. 2. Sec. 5, subdivision M election ordi- nance no. 2.
 Sec. 2, H. J. Resolution 156, Smith Flood Res.
 It is clear that under section 19 of the enabling act and paragraph 22S2 of the Revised Statutes of 1901 that to be l a qualified elector at the election of l delegates to the constitutional conven- tion, a vc ter must be registered Reg istration is an essential element of l qualification.
 Sectio n 19 of the enabling act pro vides for a reregistration subsequent to | delegates to the constitutional conven- ton and that the names so registered | together with the names upon the great | register for the year 1908 shall consti- ute 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 provides | that the qualifications of voters at the election for the ratification and for state officers shall be the same as for the election of delegates to the consti- tutianal convention. It would be diff cult to choose words more clearly indi- eating the purpose of congress, to per init only those electors who qualified to initiate state form of government by registering for the election of dele gates to the constitutional convention, to vote upon the ratification of the con- and the election of the first state officers
 Section of ordinance No. 2 adopted by the constitutional convention reiter- ates the statement that only those vot- CTS shall be qualified to vote at thestate election whose names shall appear upon the great register as constituted by section 19 of the enabling act.
 Subdivision M. of section five of said ordinances prescribes the same quallifi- cation for electors at the primary cleo ton,
 The clause of section ' of the Smith Flood resolution reading "except as herein otherwise provided said election upon this amendment shall be in all re- spects, except as to the educational qualifications of electors subject to the election laws of Arizona now in force. does not modify or change the effect of the provisions of the enabling act and of election ordinance No 2. This section has the effect of providing the qualifications of electors on the concerning which there . vas no previous legislation.
 I therefore am of the opinion that he great register to be used at the election and the election of tate officers was closed twenty days ,rior to the election of delegates to the | constitutional convention.
 The temporary injuction is granted;
 s. E. West was here the first z if the week attending to ship : I ,ino of his sheen. MT. West has \