Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1912-01-31
Mr.. Cunniffs Scheme.

! he kepublcdn mas more IMAM once
confessed To a liking for the Hon.
Michael G. Cuniff senator from Yava-
pal county 1t has more than once
paid tribute To his ability and his
learning. II * pleased to know that
q man so widely read and so thor
oughly informed is to be a member
of the senate. and. because Of a per-
sOnal liking. it is pleased TO know
that he * almost certain TO be presi
dent of that body. But-and here is
the fly in the ointment-it believes
he is away off on his proposition to
office proposition. 1t is almost tempt
ed to say. in the language addressed
by Festus TO St Paul: Michael. thou
art beside myself: much learning hath
made thee mad"
And it is just little doubtful if
Mr.. Cuniff could retort in the Ian
guage of the great Pharisee apostle:
4 am not mad but speak the words
of truth and soberness"
Here is the proposition: There is
a conflict in the language Of the
constitution II is uncertain whether
under the basic law of the state the
first set of officers are to serve one
year or three years. There is much
disagreement. So good a lawyer as
George Purdy Billiard. who will be
attorney general of the new state, says
the tenure of office is three years.
So good lawyer as Governor Sloan.
for many years a federal judge, says
the tenure is one year. 1t is a ques
ton Of law. solely and simply. to the
deciding of (which all the intricate
rules of construction are To be applied.
II requires study of the words Of
the constitution. of the subject
matter. OF the effects and conse-
quences. OF the context, Of the in
tention Of the convention. and of the
spirit of the law itself All these ele-
ments are to be taken into consid-
Grafton and all the rules of construc-
ton known to the deliver after legal
truth are to brought > to bear to ar
rive at decision Of this kind Yet
Mr. Cuniff proposes having this su-
premely important constitutional point
guessed off, by popular vote.
Here is a constitutional question re-
garding which the most eminent law
yers in the territory disagree; but
Mr.. Cuniff thinks the people at large
are perfectly competent to decide it.
The constitution which Mr. Cuniff
must be a member of the bar and
must practice his profession con-
tinuously for several years before he
may aspire to the bench. And that
is a wise provision. Yet now Mr..
Cuniff proposes to submit grave
constitutional question to the elector-
ate, the vast majority of whom never
looked inside law book.
The law is a science or it isn't If
it isn't. the practice requiring men to
take a course in legal training be
fore admission to the bar is a stu
pendous humbug. If it is a science
you might as well submit to popular
vote proposition I'm differential cal
culus as a proposition in constitu-
tional law.
Now this does not say the people
are incapable. 1t simply says not all
the people are lawyers. 1t is respect
fully submitted that Mr. Cuniff. with
all his learning and ability, is not
qualified himself to vote on that ques-
ton And the reason is he has not
the necessary legal knowledge.
Then. if you are going to decide one
law by popular vote. why not all
law? Why not the rule in Shellys
case, the cypress doctrine. the statues
of descent, privileged communications,
the statutes Of fraud. the principles
of equity Jurisprudence. and all the
rest of them? Why not bunch our