The Parker post., 1912-07-13
ELECTION ACT
is HELD VALID
JUDGE PHILLIPS HOLDS THAT
LEGISLATIVE ACT is GOOD,
QUESTION NOW UP TO THE SU-
PREME COURT.

The Davis-Osborn election proceed
ings, brought before Judge ]. c. Phil
lips of Phoenix last Saturday, was
decided i'm favor of the respondent,
and the temporary injunction re-
straining Secretary of State Osborn
from issuing a call for a general
election i'm November was dissolved,
the court thereby declaring that the
election law is valid i'm providing for
an election of state, county and pre-
cinct officers the first Tuesday af-
ter the first Monday i'm November
Steps have been taken to perfect am
appeal and the proceeding will go ITO
the supreme court without delay.
In discussing the case Judge Phil
lips said: Il did not have a great
deal of time but l went into the aln-
thorities thoroughly and | ann CON-
WINGED my deciiSOn lis grounded ON
the law. l hold this view for sever
al reasons. For instance, in saying
the injunction will not lie, l am sup
ported by the authorities ON several
grounds. For one thing am not sat
isfied thoroughly that, i'm any event,
am injunction was THE proper proceed
ing. In fact, | am not certain that
amy proceeding could have been
brought prior to an election. There
are many authorities, and they are
the highest authorities, that have
spoken on this subject, who contend
that this iS a political question pure
and simple, in which event the legis-
latIlre lis the only branch of the gov
eminent that can act. 1t lis apparent
to everybody that a court cannot fix
the time or manner of holding elec-
tiOns-that authority is vested solely
in the legislature And when the leg
islature passes an act saying an cleo
tion shall be held at a certain thine,
there lis very good authority for say
ing that the court is not given jIriLs-
dictiOn ITO overrule the legislature by
an injunction proceeding.
''It follows then, if We take thiE:
view of the case, that the Legislature,
having provided for an election and
having fixed the time, the only thing
to do is to go ahead and hold that
election according to the requirmentis
&C the statute. Then, the right of any
elected official to hold office can be
tested by a quo warranto proceed
iDG. 1t is quite certain that remedy
exists, and l am not sure it is not
the only one that does exist
''It seems to me that ground alone
is sufficient for saying the injunction
will not lie. But there are other ques-
tiOns. While the constitution pro-
VideS for a general election the first
even numbered year after the date
of admission, lit does not, i'm any place
say there shall not be an election
prior to that time. And the fact re-
mains THAT i'm more than one place
it says the terms of certain officer
end the first Monday i'm january, 1913.
So, taking all these matters into con
sideration, and taking into considera-
tion the fact that the legislature has
provided for an election this coming
fall, dit does not seem to me that
there is ground for the count ITO step
in and asy an election shall not be
held.
Then, if We are to conEider the
intent of the makers of the constitu-
ton, We all know what that imtent
was. We all know the makers of
the constitution least it was so
understood by the candidates-in-
tended that the first set of officers
should serve only for the short term
l should certainly be glad if | had
been elected to three years term
myself, and | suppose every other
were to be a candidate again, person
ally, | should much prefer that my
present term should extend to 1915
instead of to 1913. But We all un-
derstood-eVery candidate under
stood, that he was running for the
short term. There is no question
about that. 1t was the general DIM
preston and it was talked every
where. 1t was understood to be the
intent of the cons titution makers;
anG l say again that if that intent is
TO be taken into consideration 1T is
celtainly true that it was for an
election next fall"