El Paso herald. (El Paso, Tex.) 1901-1931, 1912-07-06
MAKES COURT TEST
Of ELECTION LAW
EXPLANATORY NOTES

tContinued from preceding DaEe)
the local election situation, but the end
Is not yet IN fact, so far as concrete
matters are concerned, it is only IN
the formative stage. The dispute as to
whether She election law passed at the
late special session of the legislature
Is valid or invalid has at last got into
the courts. It got there through an
injunction petition filed in the superior
court before judge J. c. Phillips by
Harry A Davis, one of the Democratic
senators from this county In his petit
uon Davis asks that the secretary Of
state, Sidney P Osborn, be restrained
from sending election notices TO the
various county boards Of supervisors
as the law requires him to do.
If ii had not been for the Injunction
these notices would have been mailed
already. According to a statement
made by Davis the longer the wait the
worse would have become the COM
horns and enjOined Osborn from TAX
ing this action. The case will now be
heard In superior court and irrespec-
tive Of the nature of the decision II
will doubtless go 10 the supreme court
On appeal. A peculiar fact in connec-
ton with the matter is that both the
superior court judge and the supreme
court Judges will be passing upon
their own tenures Of office along with
the Ienures OF all the other officials.
No way could be devised Tor getting
the case directly into the supreme
court The supreme court does not
have original jurisdiction in Injunction
proceedings It does however. have
original Jurisdiction in mandamus pro-
ceedings and some of the politicians
wanted the secretary of state, on his
own motion, TO refuse to send out the
election notices. That would have laid
the ground for mandamus proceeding
that could have been filed at once in
the court Of last resort.
But Osborn refused to take this
course Nothing like that for me-"
he said. The law says 1 must send
out these notices and I should have
done so If 1 had not been restrained
by the court I am perfectly willing
to have this law tested, but I don't
propose starting any contest myself"
We'll somebody had to do it and 1
am willing to take the responsibility"
said Davis in discussing his action
with the FL Paso Herald representa-
tive Some Of my friends tried to dis
suade me, and they said it is a dan
gerous thing to do. However, don't
believe it I don't believe my action
will change a single vote if 1 should
be a candidate again. Anyhow, know
my position is right and that is enough
for me"
But there are some Of the politicians
who do not take quite the same view
as Davis. It is a significant fact that
every one Of them wanted the law
tested but when II came to taxing
action themselves they all sidestepped
the responsibility. And it is by no
means certain that Davis action will
not have some effect on his political
fortunes. For there is in spite of all
assertions to the contrary, a strong
and enduring sentiment in favor OF
the fall election, though the extent Of
that sentiment is mere guess work at
this time
Phoenix people take a rather per-
sonal interest in the nomination Of
governor Thomas r. Marshall for vice.
president from the fact that his mother
spends a considerable part of each
year in Phoenix and the governor him
self is a frequent visitor here, where
he is rather well known.