Arizona republican., 1912-06-25
A Special Session May be Necessary to Remove a Newly Discovered Serious Defect in the Election Law.
ADVERSE DECISION
 BY SUPREME COURT
State Would Be Left With out a Legislature to Pro vide Money for the Run ming Expenses for Ensu- ing Two Years.

Soo ohe ol lheSe 1lne mornings and inform you that there is a likelihood that the legislature of Arizona-the legislature now in existence-win hold another special session and that this session will, in all probability, occur along in November and December of this year of grace, you would prob ably think him a fit subject for the woozy house. But nothing of the kind. He would be speaking what St. Paul calls the words of truth and soberness." For there is such a pos- sibility-indeed, some say it is even probability. And no matter that this may look like a continuous Iegis- I lative performance, the fact remains.
 It need surprise no one if the sec ond special session of the first legis- l lature of the state of Arizona, as the presiding officers of the respective
 houses were so fond of calling it, be- comes an accomplished fact along about the time mentioned above. It depends largely upon the con- struction to be placed upon the cleo tion law when that act shall come be- fore the court, as it is bound to do sooner or later It is a. generally rec 1 ognized fact, as has been frequently pointed out, that there is a constitu-
 tional conflict on the subject of fix | ing the time for the next state cleo ! tion. In one place the constitution seems to say an election is to be held
 this fall. In another place it seems l to say the first set of state officers shall hold over for a couple of more years. There are two legal high i ways, either of which may be trav- | eled. and the fact that the legisla- l tive session which just ended enacted i a law providing for the election of l presidential electors, member of con- | greSs, and for all state county and | precinct officers the first Tuesday | after the first Monday in the coming
 November, makes no difference as far
 as the court is concerned. It will
 become the duty of the court, when | the matter is brought before it, to determine whether that is really a ! law or a dictum of the legislature 1 that is, whether it agrees with the | constitution. If the court holds 1t does, the election will be held. If the 1 court says it does not, there will | be no election.
 ! The trouble arises over the fact that all officers of every sort are I punched in a single section of the election law. This single section pro- | vides for presidential electors, mem | Der of congress, state officers, county officers, legislators and precinct of ficers. So it would seem the whole | section must stand or fall together 1 The state offices. properly so-called, | would be taken care of, as, If the court holds against an election. it | must also hold that their terms do
 not expire for two years more. Also,
 it is said, the federal statute will take
 care of the presidential and congress sional election. But, it is said, the legislators cannot hold over in any event. In other words this legislature dies on the last day of the coming l December.
 | Then in the event the court holds l the election law invalid what is the result? There will be an interim of two years during which there will 1 be no legislature. And neither the l regular session nor the special seS- sion attempted to provide for the needs of the state two years in ad- vance There will be appropriation bills to be passed. Also. there will | be various other kinds of bills. Oth- l erWise the state would be drifting
 along for an entire year without any legislative tonic whatever. And with all these facts in mind it has been pointed out that another special ses- | sion, to begin its work probably early the coming November, is thing to be anticipated.
 All this, in the event the court holds | the election law unconstitutional. Of course, nobody can say what the lcourt will do It is not the habit of {courts to give out their decisions Tn advance, more particularly when the case has not even been filed. But while no case has yet been filed 1t IS said it is certain to be just as soon as the time is ripe. And the time is fast ripening.
 The ethics of the case, however, do Inot prevent lawyers from guessing at what the court is likely to do. And there are a good many of them who
 have already formed pretty strong belief that the election law will not stand. Also there are good many who are not lawyers who hold to the same opinion. But that in some of these cases the wish is father to the thought can readily be believed.
 But here is the way 1t IS slzed up. There is a conflict of authority.