Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1911-12-27
TERMS OF OFFICERS
WILL BE ONE YEAR

evidently 1ncapaDle OF heahng WI"
the constitutional questions involved.
lie evidently took the law % the con
stitution, enabling act, Flood resolu'
ton and relative laws, as he found
them, and proclaimed accordingly.
The constitution provides, taking all
Of its provisions relating to the sub
ject together, that the terms Of offiee
Of all Officers elected at the first
election under the constitution both
state and county shall end on the
first Monday Of January, 1913. tx.
cept the supervisor made chairman
by the highest number OF votes cast,
whose official term ends the first
Monday In January 1915. The pro.
clamation agrees with the law in
stating the terms Of office Of the
various state and county Officers 20
be elected, and the election had, fills
the various offices, state and county,
for those terms only Arizona be.
comes state instantly on the issu-
ance Of the PRECEDENT proclamation
declaring the fact Of admission, and
nj the same time, the state constitu.
ton. and all the laws of the territory
then in force, and not repugnant TO
the constitution, become the laws Of
the new state and must be obeyed
and acted up 10 as such in all re.
spccts.
Those laws provide for the election
on the first Tuesday, after the first
Monday, in November 1912. Of the
following county and precinct Off.
GERS, viz: Recorder, treasurer, two
supervisors. sheriff, school superin.
tendent, surveyor. district attorney
and justice Of the peace in the several
county precincts; consequently such
election must be held.
The constitution creates all of the
state officers, executive, legislative
and judicial and the following county
Officers, viz: Superior court judge,
Superior court clerk, county attorney,
assessor by election and supcrintond.
ent of roads by election. The terms
Of office Of all these state and county
officers end the first Monday in Jan.
uary, 1913, and there will be no laws
Of the new state providing for an
election OF their Successors in office,
until they are enacted by the coming
state legislature, or the people, by
initiative and referendum, and IL no
such laws are enacted the Officers
created by the constitution, and elect.
ed at the late election, under section
~ of article XXII Of the constitution
will bc i" extended until their sue.
ccssors shall be elected and shall
qualify Section IL of article VII
or the constitution provides that a
general election for all state, county
and precinct officers shall be held on
the first Tuesday after the first Mon.
day In November Of the first even.
numbered year after the year in
which Arizona Is admitted TO state.
hood, and biennially thereafter. and
statehood will not be attained 10 nm.
I'll 1919, so that the contemplated
election will be had in 1914, and laws
must be provided TO cffectuate that
provision, ms our present election laws
are not available without further leg.
islation. so IL seems clearly apparent
First: That unless laws are created
for holding an election IN November
1912, of the successors of those state
and county Officers created by the
constitution, which were elected az
the late election, the terms Of office
of those incumbents, will be extend.
ed until such successors are elected
and qualified, and such successors
cannot be elected and qualified until
laws are provided for such election
and qualification.
Second: That II laws are enacted
only 10 effectuate the election of
November 1914, the terms of office
Of the state and county Officers ere.
atcd by the constitution above named,
who were elected at the late election.
VIII be extended until January 1915,
II laws are enacted for holding an
election In 1914, and an election is
had Hereunder, but IL not, then the
terms OF office Of such Officers will
be further extended, until laws nre
provided for holding an election of
such successors, and such SUCCESSORS
have qualified in their offices.
Third The status Of the office OF
county attorney, rs being an office
created by the constitution, as dis.
tinguished from that of district Mt.
torney, under the territorial regime,
IL somewhat doubtful, NJ the district
attorney 10, In fact, IL not in name.
tho attorney Of the county, and the
courts would be justified In holding
that the office was one and the same.
under both regimes, and hence that an
election OF q successor at the No.
yember election Of 1912, would be
lawful.
II Is therefore up to the first state
legislature, and to the people by in.
itiative and referendum, II the leg.
islature fails or refuses TO act. 10
enact the laws necessary for holding
an election OF the successors of said
officers In 1912 and 1914.
SIGNIFICANT MOVEMENT