Arizona republican., 1911-09-04
The Election Puzzle.

Because of the certainty that a
certification Of the returns of the
election Of December y cannot reach
President Taft until after the first
Of January, and since, therefore, his
proclamation announcing the adlnis-
sion of Arizona cannot issue until
after New Years, the lawyers of
AriZona-so far as they have express
ID themselVes-are in agreement that
the officers elected December -
except members Of the legislature, will
serve for three years. practically, or
until January l, 1915. The lawyers
reach these conclusions because OF
Section II Of Article :, and Section
y of Article I of the constitution.
Section II Of Article Z 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
biennially thereafter"
Section 81 of Article reads:
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"
II the first election had been
scheduled early enough to permit
of canvassing of the vote and a
certification of the result to FRESH
dent Taft in time for him to issue
his proclamation in the coming Dec
ember. 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 number
ed 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
legislature 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 TO
provide an election next year.
But aside from that obvious fact.
what is to prevent the coming legis-
lature from enacting a law providing
for such election?
Would such 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
Of our admission, but it does not
say that there may not be a gen.
eral election the same year we are
admitted
Is the silence of the constitution
on this question to be considered as an
inhibition against an extra election?
If the legislature has the power
TO provide for such an election, such
power comes from its inherent right
to enact any law that is not pro-
hibited by the constitution.
The reason why there should be an
election next year is fiscal, not pol
itical. Assuming that capable and
honest men viii be chosen for the
various offices at the election of
December u, there is no practical
reason why they should not just
as well serve for three years as one
year
If the members OF the legislature
could hold over as other officers.
there would be no difficulty pre-
scented by this unexpected situation.
But the constitution expressly pro-
vides that the terms of legislators
elected this time shall end on the
first Monday OF January, 1913. The
legislature holds. the public purse
strings. So many new questions con-
corning taxation and revenue are
expenditure, that il will not be prac-
ticable for the first legislature TO
make the necessary appropriations and
in every way anticipate the legisla-