Arizona republican., 1912-07-16

light as an act of the legislature passed by the delegated representa- tives of the people and which act of the legislature is necessarily of a temporary nature.
 Coming to the act in question, it appears to be repugnant to the con- stltutlon in many respects.
 It provides for the election of q representative in congress and for all state, county and precinct officers on the first Tuesday after the first Mon- day in November in the year 1912, and every two years thereafter. Also for choosing presidential electors It provides for a canvassing board to consist of the Governor. Secretary of State and Chief Justice of the Supreme Court This provision is particulars. Members of a canvass ing board, while performing a high public function, act strictly in a min- iSterial capacity. It S public office or employment, but in nOwise judicial Sec. II. Article VI of the Constitu- ton provides that, Judges of the Supreme Court and judges of the Superior Courts shall not be eligible to any office or public employment other than a judicial office of em- ployment. during the term for which they shall have been elected" And again the duty of canvassing the re- turns of the election for all state of flcers devolves upon the Secretary of State and no other officer can per form such duties. By Sec. II of Article V of the Constitution. it is provided The returns of the elec- tiOn for all state officers shall be canvassed. and certificates of election issued by the Secretary of State in such manner as may be provided by law" This section of the Constitu- ton is. however. not self-executing 1t requires that the Secretary of State shall perform such duties in such manner as may be provided by law. Clearly it was the duty of the legislature to provide the manner in which the Secretary should canvass the votes
 The act in question vests original jurisdiction in the Supreme Court to hear and determine all election con- tests involving state officers. Un- der our Constitution. the Supreme Court is essentially court of appel late Jurisdiction. It is the scheme of our government that contested matters involving questions of fact may take place in an inferior tribunal and the matter. after judgment. may be reviewed independently in this court on appeal or writ of error In view of this. the Constitution has wisely limited the original iurisdic- tion of theSupreme Court to habeas corpus, and quo warranto and man. damus as to all state officers. and original and exclusive jurisdiction in causes between counties concern ing disputed boundaries and surveys thereof. and concerning claims of one county against another It is not to be supposed that the legislature may vest us with a jurisdiction which the Constitution denies and take away jurisdiction from the Superior Courts which the Constitution vests in those tribunals
 Sec. 1 of Article V tf the Consti- luton. prescribes Of what the E;xecu- tive Department shall consist. desig- mates the officers and fixes the term | of those elected under the Enabling Act approved June 20. 1910. The | term shall begin when the state is admitted into the Union and shall end on the first Monday in January, A. D. 1913. or when their successors are elected and qualify.
 l It is a matter of history that the state was admitted into the Union on the 14th day of February. 1912 The section is plain and unambigu- ous. They are elected at the elec- l tfon provided by the Enabling Act and the terms of the Governor and other designated officers comprising the Executive Department of the State began on February 14th. 1912 and end when their successors arc elected. and qualify
 Sec. 9. Art. VI Judges of tn, Supreme Court shall be elected at tho general election to be held under tho
 provisions of the Enabling Act ap- proved June 20. 1910 Their term O.
 office shall be CO., terminous with tha Of the Governor of the state elected
 at the same time. and the one re
 ceiving the highest number of vote: shall be the chief justice At tn, first general state election thereafter
 held under this Constitution, at whicl
 a Governor is voted for. three judge,
 of the Supreme Court shall be elect
 cd. and the judges elected therea shall be classified by lot so that on,
 shall hold office for a term of si2
 years. one for a term of four years and one for term of two years
 from and after the first Monday ii
 January next succeeding said cleo tion. The lot shall be drawn by tn, judges elect. who shall assemble fol that purpose at the State Capitol
 and shall cause the results to be cer
 tified to the Secretary of State. whc
 shall file the same in his office
 The judge having the shortest tim,
 to serve, and not holding his offic,
 by appointment or by election to fiji q vacancy. shall be the chief justice
 and shall preside at all sessions o
 the Supreme Court. In case of ab
 sence of the chief justice. the iudg,
 having in like manner the shortes
 time to serve shall preside
 After the first state election on, judge shall be elected every tWt years at the general election and tn,
 term of the judge elected shall b
 six years from and after the frs
 Monday in January next succeedin.
 his election. and judges so electe, | shall hold office 1IntiI their Succac