The copper era and Morenci leader., 1912-07-19

Tt is fundamental that an election
 cannot be held at time not deSig- mated by law That a volunteer
 election is no election. It would be
 useless to site authorities to sus-
 tain such an elementary proposition.
 select officers to administer the res
 pective departments of the govern
 ment is a high perogative of the
 people of a state. That time may
 be. fixed by the people in. the soxer-
 eIgn capacity of adopting their con
 stitution, or it may be left to the
 delegated representatives of the peo-
 pie in the legislature, but if fixed
 by the people the people alone can
 change it,. The legislature cannot
 do it, and the courts cannot As we
 said in a recent Colorado case, if the courts amend the constitution today, and insert therein something that
 was never there, to sustain a law they have equal authority to amend the, constitution tomorrow and strike therefrom something previously there to overthrow a law. The sovereign people, in whom is vested all govern mental power have spoken in their organic law, and their mandate, 50 expressed, must be enforced, by the courts, even though wise and bene- fcial attempted legislation is there by defeated
 In commenting upon the proposition as to whether the amendments, to be submitted to the voters, shall appear upon the ballot in November the Ari- zona Gazette under date of July 18th says:
 The proposed amendments to the constitution of Arizona passed by the first legislature, both in regular and Cn io1 xx-i1I Ho I~rr the people of the state at the election held this fall, all objections as to whether the election is general, regu- lar or not, and the Arizona Republi- can notwithstanding. In the discus sion of the situation in the Repub- lican this morning the proposition was raised that because the election may not be called regular, the amend ments passed by the legislature can not be submitted is contrary to the very letter of the amendments them selves.
 ''The Republican overlooked the fac that each of the proposed amendments an election clause which is identical and reads as follows: When 1 the said proposed amendment shall be approved by majority of both houses of the legislature and entered upon the respective journals thereof, to- 5eCHSI WlIl tue ayes dlu nay IASIc- )n, the secretary of state shall suD- nit such proposed amendment to the votes of the people at the next regu- ar or general election, provided if here be no regular election on the irst Tuesday after the first Monday n November, 1912, then the secretary If state shall submit such proposed to the qualified electors If the state AT A SPECIAL ELEC- TON IN LIEU THEREOF, WHICH S HEREBY CALLED TO TAKE PLACE UPON THE SAID DATE FOR HE PURPOSE OF HAVING SAID AMENDMENT VOTED JPON'
 The provisions of these laws, then, f them selves provide for the time of he election at which they shall be oted upon, and no. matter if the cleo , ion at that time is but for presiden- al electors and a congressman. pecial election for the purpose of f oting upon these amendments will be cid co-jointly with the election for congressman and presidential electors. , here is nothing in the acts of the I egislature with respect to voting upon s lese proposed amendments that omes under the ruling of the supreme I ourt handed down yesterday neither f
 there any question in connection c ith the proposed amendments them elves that can be taken before that ' i igh tribunal at this time All the | gitation with reference to the prob-