El Paso herald. (El Paso, Tex.) 1901-1931, 1912-07-09
SUPREME COURT HAS
ELECTION QUESTION
In Meantime Arizonians Are
Somewhat Divided on
the Question.

Phoenix, Ariz., July 9.-Events have
been following each other thick and
fast with regard 10 the question Of
,bOldin0 an election the coming fall. but
the Deople of this state are as far
from knowing whether there is to be
a state and county election as they
were weeks ago. Nor VIII the matter
be known definitely and positively until
the supreme court shall have passed.
upon the question:
The superior court 81 NarlcOpa cOun-
tv. over which presides John c. Phil
lips. the only Republican official in
this country has declared for an cleo
tion. Judge Phillips handed down this
decision in the case of il. A Davis. sen
ator from this county, against ). 2.
Osborn, secretary OF STATE. Davis
brought an injunction proceeding as .
citizen and taxpayer, IN which he asked
the court to restrain OSBORN from send
in ont the election notices to boards
of Supervisors as a preliminary to hold
inc an election for state, county Of
fices and precinct Officers the coming
fall. The court granted Temporary re-
straining order, as a matter u course.
And then, the attorney general came
into court and file1 motion asking
that the injunction be dissolved. The
motion was granted by Judge Phillips
suDreme court where a decision Is eX-
pected within a short time.
This much mooted question has re-
solved itself into a rather simple prOpO-
sition after all. In one place the con
stitutiOn provides there shall be an cleo
tiou the first even numbered year airer
the date of admission As the date OF
admission is 1912 it was contended by
Davis's attorney that there can be no
election prior to 1914 and that the Sax
on law. passed at the special session
of the legislature and providing for a
general election November 3, Is Invalid
On the other hand 1t was argued that
while the constitution does make the
provision mentioned above, there Is
nothing in it prohibiting an election at
any other time. Wherefore, 1t Is sad,
there Is no reason why the Saxon law
should not be permitted to stand
1t Is also contended by consul for
the state that, since in several places
in the constitution it IS specifically pro-
vided that certain Nlflces shall expire
in 1913. it was the manifest lnten-
ton that an election should be held this
year
That was the view Judge Phillips was
inclined to take: but he held further
that in anv event the Injunction would
not lie as he believed this to be po-
litical rather than Il judicial question
According to his view the court has no
power to enioin an election. the proper
remedy for any aggrieyed person being
a quo warrantO proceeding to be. IN
stituted after the election shall have
In conversation with the Fl Paso
Herald representative judge Phillips
said: Personally, l should prefer that
there be no election, of course, The
matter affects me the same as all other
officials; but I have to take the law
into consideration and decide this Ques-
ton according TO the law and nv best
Judgment. There Is one thing to be
said in this matter, and that Is regard
ing the intention of the trainers Of the
constitution. Now, in spite of some
statements 10 the contrary, we all know
that it was the intention OF the con-
vention to provide for a one II term
for the first set of officers. 1 so I'M
dcrstood it and so did all the other
candidates. So, it seems to me that fact
must be taken into consideration.
But after all / am inclined to be-
Iieve the court has no jurisdiction and
that an Injunction, therefore. Will not
lie. Furthermore. it made little diff
ference how l decided this matter as
the case was certain to 70 to the SUI
preme court. anyway
LAWS. WHO uIou4ul the proceedings ~
test the validity of the Saxon law. has
the backing of Il number of other PER
sons interested in the outcome OF the
suit.
a good many people tried to dis
suade me from bringing this action,
he said, =" but somebody had to DO it
and l might as well take the step as
any one else. If there had been longer
DELAY there would have been endless
complications and it seems the case
should be decided as soon As possible
so we shall know lust where we stand
1t has been definitely decided that
there will be an election on the equal
suffrage position the coming fall. \
sufficient number of names have been
attached to the initiative petitiOns-ln
fact those in charge of the campaign
saw they have zoo more than enough
names. This means that, whether there
Is a general election or not. there will
be a warm speaking campaign and an
interesting fight between this date and
NOvpmbpr