El Paso herald. (El Paso, Tex.) 1901-1931, 1912-07-13
ELECTION BILL
IN SUPREME COURT
CONTINUED from preceding pagel
company is an offshoot OF the Pbetpa-
Dodge concern.
supreme Court Has Eviction Case

supreme Court Has EVICTION Ease
The election case. in which senator
Davis sought injunction to prevent
the issuing of primary election notices
by the secretary of state on the ground
that the constitution fOrbidS a gem
eral eietcion this fall and that he cleo
tiun statute passed at the special ses-
sion 70 he legislature is. therefore,
invalid, is now in the hands of the
supreme court. A decision Will be
handed down within a short time and
opinion seems about equally divided as
10 what that decision viii be- a new
feature was injected into the case by
chief justice Franklin when il came up
for argument Franklin pointed out
that the constitution prohibits the JUS
tees of the supreme court from per-
forming any other official duties than
those within the purVieW of their Of
flee; yet the election statute makes
the chief justice a member Of the can
Yassing board. Justice Franklin
wanted to know what would be the ef-
fees Of this conflict in the event an
election is held this fall
Lewis I. Carpenter, assistant attor-
ney general, who had charge of the
case both in the superior court and
before the supreme court said he had
not considered that feature However.
he gave it as his opinion that the de-
feet could be corrected should the
governor call a special session of the
legislature. This is a point that had
DEEA ONEL4OOhEu ue the dLLlInEAS IL
seems certain it will render at least
part of the election law unconstitu-
tional, even though the other parts
should stand.
1t has developed that the decision
Of the supreme court with reference 10
this case viii have a rather far-reach-
ing effect Not only as to the validity
Of the law and the fortunes of the
state, county, and precinct officials.
but as TO one of the initiative petitions
~ zr-1 fe cd n "a
this fall The petition here referred
TO is the one providing for constitu-
tiOnal amendment giving 10 the women
of the state the privilege of the bal
lot.
One Point Overlooked.
It happens that one important point
was overlooked by the promoters Of
this movement and it is likely to prove
a very serious matter. In all the pro-
posed amendments for whose submis-
sicn the legislature provided, there IS
a clause which says they shall be sub
mitted al the general election the com
ing fail in the event there shall be
such general election; and II not, then
they shall lie submitted II a special
election 70 be Eeld on the date the
general election would have occurred
one had beer held.
But the suffrage petition does not
contain this saving clause. 1t provides
merely that the proposed amendment
shall be submitted at the general cleo
ton; and it makes no provision for its
submission in the event no election is
held. 1t follows then, if the supreme
court holds the election law invalid
and decides there can be no general
election in November the suffrage
amendment cannot be submitted and
the initiative petitions Will die. This
is due to the fact that the constitution
provides that all initiative petitions
must be filed with the. secretary of
state four months in advance of the
on; and also to the further fact that
the petitions state at what election
they are to be submitted.
There has been quite a furry in the
ranks of the suffragists since this fact
became known; but II is realized II IS
now too late TO correct the error. So,
as the case now stands, the suffrage
ing TO the decision of the supreme
court on the election case. Of course,
if the court hands down an adverse de-
cisiOR, there would be nothing to pre-
vent the suffragists from going TO
work and circulating new petitions;
but It is hardly likely they will take
that action just yet.
The Kinney initiative petition, which
has for its object the enactment OF
measure shutting nOn-English speak
ing people out OF the mines and pre-
venting their employment at other haz-
ardous occupations, is in somewhat
worse case even than the suffrage pc
titiOn. Initiative petitions, other than
those proposing amendment to the
general elections So, if it turns out
that there shall be no election this
fail, the Kinney petition viii be sus-
pended until 1914,