Weekly journal-miner., 1911-10-11
WHO MAY VOTE?


 What are the qualifications of a voter at the primary elections on the 24th of this month and at the gen eral election on December 12th9
 Because of contrary opinions held by the district attorneys it has be- come necessary that there shall be judicial determination of this ques- tion.
 The attorney general of the terri tory holds that no citizen can vote unless he resided in the territory during the twelve months next pre- eeding the election for delegates to the constitutional convention, which election took place on the 12th day of September, 1910.
 The district attorney of Maricopa county holds the same opinion, ex- eept that he insists that any citizen who resided in the territory during the twelve months mentioned, but failed to register, may now register and vote.
 The district attorney of Gila coun- ty, we are informed, holds that any citizen may register and vote who shall have been resident of the territory during the twelve months preceding the primary election on the 24th of this month.
 The language of Ordinance Num- Der Two, if standing alone, would appear to be conclusive on the ques- tion, and make it impossible for any body to vote unless he had resided here during the twelve months next preceding the election held on the 12th of September last year:
 "Sec. 3. Any male citizen of the United States of the age of twenty one years, who shall have resided in the Territory of Arizona at least twelve months next preceding the ] date of the election heretofore held i for the election of delegates to this l constitutional convention. who shall | possess in other respects the Qualifi- ! cations of an elector as provided by ! title twenty. revised statutes Of Ari- ] zOna, August ?, 1901. and whose name | shall appear upon the great register as constituted by See. 19 of said en- abling act, or as said register may he hereafter constituted by act of con gress, shall be qualified to vote at said eleetion.''
 We understand that the district attorney of Gila county holds that there are such Inconsistencies be- tween this section and the primary law which it adopts that the former requirements of the statutes-twelve months residence before a pending eleetion-is in force. Accordingly. we are informed. he proposes to bring proceedings in mandamus against the board of supervisors of Gila county in such form as will bring out de- cision from the district court of that judicial subdivision
 The trouble about this procedure is, however. that decision bv the district court is not the law if the supreme court of the territory shall render a contrary opinion.
 On every consideration t is ad- visable, therefore, that proceedings be begun in the supreme court in such form as will secure a decision from that bench at the November term.
 The supreme court will convene on Monday, November 6. We have no doubt that the question can he pre- sented so simply as to be followed by a decision within that week, in view of the urgency of the question.
 Under the law which requires the great registers of the several coun- ties to be closed twenty days prior to the general election. registration must cease November % But as- suming that a decision can ne se- cured from the supreme court by November 10, an interval Of twelve days would be afforded for the regis tration of voters in the event that the contention of the district attorney of Gila county is sustained.-Phoenix Republican.