El Paso herald. (El Paso, Tex.) 1901-1931, 1912-03-16
OF
arizona MEETS

1lfILUlEH lBiLLIu
CContinued from preceding page
It IS certain this caucus. however. win
not be delayed longer than ounoes
night The first session OF the res
islature viii be held Monday, oeslh-
ming Of noon
The Marlcopa county delegalloh NJ
played e pretty good article OF p1-l-
tics since the election. They nave
asked no favors from the state adIhln-
1stratiOn They have backed no9ou9
for appointment. They have kept as
Ear removed from the pie counter es
possible, and the result is they are IN
better shape to 90 after the best com
mittee appointments than almost any
other. county delegation
To Elect Senators soon.
There is one thing that may oe
said with certainty about the work OF
the Iegislature-it viii lose no time In
elsctinE Marcus A. Smith and Henry
F. Ashurst 10 the United states SEN
ate These men were nominated az
the primary and given an advisory
vote at the general election so the
work of the legislature viii be a mere
formalftv. 1t viii be the desire Of
the Democrats 10 get through with
this work Just as soon as possible, In
order that these men may be com
nnissioned and get TO Washington
ahead Of the senator's from New AeNl-
co, the object being 70 pun down the
long terms for Arizona and II any
thing like a fight should develop in
the New Mexico legislature. they viii
probably put It over
That is about all that can be said
with certainty about the legislative
program Just what stand the leg
isiaIors may take on other matters is
predetermined
Grand jury Provision.
Just now there is considerable talk
Oh
the territorial law, grand juries were
drawn by the sheriff, the probate
judge, and the clerk OF the district
court Under the state constitution
there IS no probate judge, so there II
is Up to the legislature TO make pro-
vision for drawing grand luries; and
until II does so, the criminal branch
Of the court must remain at a stand
But here an interesting situation
arises The constitution provides that
no enactment OF the legislature can
take effect until so days shall have
expired after adjournment, except such
laws as require earlier operation to
preserve the public peace, health, or
safety or to provide necessary ap-
preparations.
Conflict With Constitution.
The proposition has been advanced
10 pass this law and make il imme
diately effective under the public
peace provision This, Of course, i'm
msdtately raises the question II q pro-
vision for the calling OF grand jury
is necessary TO the public peace, then
al other legislation relating in any
way to the functions Of the criminal
branch Of the courts must be given
the same classification 1t is easy
to see that in the event the legislature
takes the stand and passes an emer-
gency act OF this kind 1t VIII lneVi-
tally send many cases to the supreme
court under the allegation that such
measure is not a public peace meas
Ure, and that the grand jury called
under it is not a legally constituted
grand jury.
The Tenure of office.
The tenure Of office proposition is
almost certain to be sprung in gov
ernOr Hunts message 10 the legisla-
ture. There is a wide divergence Of
opinion among lawyers as to whether
the present state and county officers
we're elected for one year OF for three
years, the divergence having been
brought about by conflict in two
clauses or the constitution In most
OF the counties no justices Of the peace
were chosen at the last election and
All those now in office are holding
over II the governor makes defin-
lite recommendation It is quite likely
to precipitare something of e storm
and there is q strong probability that
sooner or later the matter viii have
30 be decided by the supreme court.
And that makes the matter still more
interesting, for If these judges have
TO pass upon the question, they VIII
be deciding their own tenure Of office
along with that OF the other state Off
Gals as we'll
Court Library Taken.
There is all sorts Of trouble just now
regarding offices for the supreme and
county courts. The supreme court
Judges have taken possession Of two
OF the best rooms belonging TO the
secretary OF state s30 this official has
been crowded INFO = couple Of back Of
lces. Judge Morrow who came here
from san Francisco some time ago 10
organize the federal district court, has
room. and Judge Philips is homeless
Judge Morrow also has ordered the law
library. consisting Of 1900 or 1900
volumes. removed and the books have
been taken 10 the capitol building
This library really belongs TO the fed
eral court and the county is without
any books at all The board Of county
supervisors has taken up the matter
and a purchase viii have to be made
soon
matter OF intense interest is the
question OF the the confirmation by
the senate Of governor Sloan's appoint
ment as federal district judge. There
nation, but u cannot be said as yet
just how serious this opposition viii
be- Marcus A. Smith, one Of the Dem
ocuatic United states senators. is
pledged 10 fight this confirmation, and
1T is believed Henry F. Ashurst viii
take the same stand
taft Headquarters Open.
Robert A Kirke, formerly assistant /
secretary Of the territory. has opened (