Arizona republican., 1912-07-16

latures of the several states They may be chosen by the legislatures, or the legislature may provide that they shall be elected by the people of the state at large. or in districts. as are members of congress, which was the case formerly in many states; and it is, no doubt, compe- tent for the legislature to authorize the governor, or the supreme court of the state, or any other agent of its will, to appoint these electors This power is conferred upon the legislatures of the states by the con stitution of the United States, and cannot be taken from them or modi- fled by the state constitutions any more than can their power to elect senators of the United States What ever provisions may be made by stat ute, or by the state constitution. to choose electors by the people, there is no doubt of the right of the legis- lature to resume the power at any time, for it can neither be taken away nor abdicated." Chief Justice TaWney said: Tn short, the appoint ment and mode of appointment of electors belong exclusively to the states under the constitution of the United States. They are. as re- marked by MT Justice Gray, in re Orsen, 134 r. s. 377. 379, mo more officers or agents of the United States than are members of the state legislatures when acting as electors of federal senators, or the people of the states when acting as the elect ors of representatives in congress-
 
 the time of choosing the electors and the day on which they are to give their votes. which is required to be the same day throughout the ! United States, but otherwise the power and jurisdiction of the state is exclusive with the exception of the provisions as to the number of electors and the ineligibility of cer- ! tain persons, so framed that con gressional and federal influence
 might be excluded" This came from the supreme court of the United States and is a very instructive one
 as it bears directly on the principle governing the case at bar
 The question presented being one of power and not of policy, we are 1 unable to arrive at any other con clusOn than that the proposed action of the secretary of state, to prepare
 and transmit to the board of super
 viSors of the several counties of the
 state, a notice in writing deSignat- ing state, county, and precinct off cers as officers for which candi-
 dates are to be nominated at a primary election. which such can
 didates so nominated are to be voted
 for at an election to be held on
 the first Tuesday after the first Mon
 day in November. 1912, is illegal
 and without authority of law
 To assert the high prerogative of
 the state in his behalf by one of it's
 officers without lawful authority so to do would. undoubtedly. cause ]. strife, promote discord and grave legal complications out of which ]. would grow confusion. multiplicity of law suits and contentious ser
 iouSlY embarrassing the due admin
 istratiOn of the several departments of the state government. and unnec- essary and illegal expense incurred
 Such conditions cannot be encour- aged to arise even to gratifY pOlit- ical ambitions, for ambition should
 be made of sterner stuff We are not concerned with the ambitions of men, but only with the reason and justice of the law
 Accordingly the judgment of the superior court of MaricOpa county
 in dissolving the temporary injunc- ton heretofore issued, is reversed and vacated, the temporary injunction is so amended as to include in the
 writ all precinct offices. and, as amended, the temporary injunction is
 made permanent. Let the writ issue : accordingly.