The copper era and Morenci leader., 1912-07-19
NJ ELECTION FOR STATE
 OFFICERS
Supreme Court of Arizona H Oids That Election Law Passed by Legislature is Null
 and Void.
CONFLICTS W|THCONSTITUTION
Only Presidential Electors and Con
 eressman To Be Voted For in November.

gressman To Be Voted For in
 November.
 There will be no election for state
 county and precinct officers in Ari
 zona in November, 1912.
 All doubt upon this subject has been
 removed and the highest authority in
 the land-the supreme court of the
 State of Arizona nas so decreed.
 Those state, county and precinct officers, wno were elected at the first
 state election last February, and those who have since been appointed, will
 continue to hold their offices until January 1, 1915.
 4 primary election will be held throughout Arizona on Septemb Der 10th for the purpose of nominating 2 presidential electors by the respect i've parties and also a candidate for congress and the general election in November will be confined to the cleo tion of presidential electors and a Congressman.
 whether or not any amendments to the Constitution or Initiated Laws will appear upon the ballot is still in doubt and it will probably take a further decision of the Supreme Court upon this subject
 The question as to whether gen. eral state election should be held in November, 1912 was brought before the Supreme Court upon Injunction proceedings from the Superior Court of Maricopa county. State Senator II. A. Davis en5oined the Secretary of State from carrying out the provis- ions of his call for a general election. The Superior Court of Maricopa coun- ty refused to grant the injunction and the case was taken to the Supreme Court which held, in brief, that the Act of the Legislature providing for a general state election was in con- f1ict with the Constitution and there fore the Act of the Legislature could not stand. The Supreme Court held that the first general state election in Arizona, under the provisions of the Constitution could not be held until November, 1914. On this point the Supreme Court said
 When we have determined that an act of the legislature is constitution al and therefore the law, or that the act is unconstitutional and there fore not 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 legislatures are but represen- tativeS delegated to perform duties in subordination to the will of the people. The legislature speaks for the people. The soverigu people speak in the language of the con stitution. Their will expressed in the constitution is the will of the sovereign itself The legislature Snay speak but only within the limi- fations of the fundamental law. The courts may interpret and administer the law, but only in keeping with the cath of the judges to support the cute the law, but under the guise of it's execution may not lay a hand against the sovereign will
 Sec. T of Article VII of the Constitution, provides: There shall be a general election of Representa- tives in Congress, and of State, eoun- ty. and precinct officers on the first Tuesday after the first Mon- day of the first even numbered zona is admitted to Statehood, and biennally thereafter"
 The provisions of the constitution islative power, else they would not have been placed in the organic law A state Constitution, unlike the Federal Constitution, which is a dele gation of powers, is restrictive. If the constitution had remained silent as to the time for the election of State county, and precinct officers, and the tenure of office was not other wise fixed in the instrument, it could not be questioned that the pow ( CT of the legislature, with regard to t fixing the time for such election, would have been absolute. But the t fixing the time for such | election, an act of the legislature s fixing a different date is so far re- Y )ugnant thereto and to that extent 1 he legislative act must fail. The C constitution in conferring the legis- T ature authority has prescribed to | ts exercise any limitations which t he people saw fit to impose, and c 10 other power than the people can c other limita tions, neither i :an any other power than the peo- V ,le strike from the fundamental law S my limitations which the people h ave prescribed therein. a