Arizona republican., 1911-09-09
MOOTED QUESTIONS
 ARE ALL SETTLED
Executive Takes Advanced Grounds and Says Unless Laws are Repealed Hold ing of an Election is Man datory.

When asked by a Republican re- porter for statement as to the legal fty of an election in Arizona in No vembcr of next year. should provision for such election be made by the leg islature. Governor Richard r.. Sloan save out the following.
 I have considered the effect of sec tior II Of article of the constitution in its bearing upon the question as to whether general election may. be he'd in November. 1912. in the event that the presidents proclamation ad- hitting the state shall be deferred un- til after January l, 1912. and have reached the definite conclusion that this section does not prohibit the holding of such election and further unless existing laws be repealed after admission. such election must be held. The section reads: There shall be general election of representatives in congress and of state. county and pre- cinct officers on the first Tuesday after the first Monday in November of the first even numbered year after the year in which Arizona is admitted to statehood and biennially there after"
 If this section stood alone Unaf- fected by any other provision of the constitution it must be conceded that l. the state be admitted in 1912 no general election for that year is spe- officially provided for therein. The language used under the rule of eN- pressio unius. est eXclusio alterius- d maxim. however. not strictly applied iu the construction of constitutions might be construed as prohibiting an c-cCtion during the year in which the state is admitted. However, to get at the meaningof any constitutional pro vision OF the meaning of any statute, the constitution as a whole, or the statute as a whole, as the case may be. must be considered. 4 reading of the constitution makes it clear that the constitution makers had iu mind that there might be gen. e.al election in 1912 The terms of of flee of all the state officers elected at the first state election are made to terminate on the first day of Jaan- Uary. 1913. with the exception of the corporation commissioners. The terms tI DLlltt Dl ltlt llltlllbtAS bl Ntit ID islature to be elected at said cleo ton under the constitution terminate on the first Monday in January, 1913. The terms of office Of the county of ficers with the exception of boards of supervisors are likewise made to ter ninate on the first Monday in Jan uary, 1913. It must be assumed that the framers of the constitution had in mind the fact that a representative in congress must be elected at the same election and also three presidential electors.
 Tn view of these provisions of the constitution and the requirement that a member Of congress and preSiden- tial electors are to be elected it would be a narrow and harsh construction or said section to hold that a general election is therein forbidden in 1912. assuming the state to be admitted by the proclamation of the president dur ing that year ard in time for the holding of a general election in No Vember and after the state election provided for in the Enabling Act.
 There is. it seems to me. another section Of the constitution which is decisive upon this point Section or article 22 reads as follows: AT laws of the territory of Arizona now in force, not repugnant to this con stitution. shall remain in force as laws of the state of Arizona until they expire by their own limitations or are altered or repealed by law; Provided that wherever the word territory. meaning the territory of Arizona. ap- pears in said law. the word state shall be substituted"
 Paragraph 2272 or the Revised Stat utes provides that "on the first Tues day after the first Monday in Novem- ber. A. D. 1902. and every two years thereafter a general election shall be held for the election of a delegate to congress. members Of the legislative assembly. and county and precinct of- ficers. except justices Of the peace in cities" Under the terms Of said sec ton of article 22 of the constitution this provision of the Revised Statutes remains in full force and effect, and uness the legislature shall otherwise affirmatively provide. a general cleo tion must be held under its provisions on the first Tuesday after the first Monday in November. 1912.
 It seems to me also, clear that if a general election is provided for to be held in 1912, such election must apply to all officers, both state and county. except those in which the terms of office do not end on Jan uar,- ! 1qI3