Arizona republican., 1912-07-16

is not assaiied by this proceeding, nor is the constitutional province of that equal and coordinate depart ment of the government invaded The law itself is the only subject of ju- dicial inquiry. and it's constitutional ity is the only question to be de- cided"
 When We have determined that an act of the legislatfFe is constitutional and therefore the law. or that the act Is unconstitutional and therefore not the law. it then becomes the con stitutional duty of the courts. in ap- propriate cases, involving the per formance of ministerial duties. to compel legal action on the part of the officers and agents of the gov ernment when they refuse to act. as on the other hand to restrain illegal action when they proceed to act. The legislature are but representa- tiVes delegated to perform duties in subOrdinatiOn to the will of the peO- pie. The legislature speak for the people. The sovereign people speak 1 in the language of their constitution i Their will expressed in the constitu- ] tion is the will of the sovereign it. . self. The legislature may speak but only within the limitations of the fun damentaI law. The courts may in l terpret and administer the law. but only in keeping with the oath of the judges to support the constitution ! The executive may execute the law ! but under the guise of it's execution may not lay a hand against the soy ereign will
 ! Sec II of Article VII of the Consti-
 tuition, provides: There shall be . , general election of Representatives
 in Congress. and of State. county
 and precinct officers on the first
 Tuesday after the first Monday ir November of the first even numbered year after the year in which Arizona is admitted to Statehood, and bien-
 nially thereafter"
 The provisions of the constitution must be limitation upon the legis- Iative power. else they would not
 have been placed in the organic law A state constitution. unlike the Fed eral Constitution, which is a delega- ton of powers, is restrictive. If tho constitution had remained silent as
 to the time for election of state county, and precinct officers. and tht 1 tenure of office was not otherwise fixed in the instrument, it could nO be questioned that the power of th' legislature. with regard to fixing th' time for such election. would have
 been absolute. But the constitution fixing the time for such election. aI act of the legislature fixing a differ
 ent date is so far repugnant theret' and to that extent the legislative ac
 must fail The constitution in con iferring the legislature authority ha' prescribed to it's exercise any limita tions which the people saw fit to i'm
 pose. and no other power than tn people can superadd other limita
 tions, neither can any other powe
 than the people strike from the fun idamental law any limitations whicl
 the people have prescribed therein
 It is fundamental that an electiOl ; mated by law. That a volunteer cleo cannot be held at a time not desig tion is no election. It would be use ; less to cite authorities to sustain sucl an elementary proposition. The tim for having an election to select of fcers to administer the respectiv departments of the government is high prerOgative of the people of
 state. That time may be fixed b 3 the people in the sovereign capacit < of adopting their constitution, or ' may be left to the delegated repre-
 sentatives of the people in the legis : lature, but if fixed by the people. tn ,. people alone can change it. The leg t islature cannot do it, and the court