Arizona republican., 1912-07-29
That There is Going to be a Vigorous, Organized Fight on the Bill if it Should Come Before the People is Certain.
THE PETITION ITSELF
 MAY BE ATTACKED
Even the Submission of the Measure Cannot Be Pre- vented. Alleged Irregu- larities Will Bring it Later Into Court.

Later Into Court.
 Even under the extremely liberal construction placed upon the initia- tive statute by Assistant Attorney General Carpenter in it's relation to the Kinney bill, there is every reason to believe that that measure is not yet out of the woods. Not only is there the argument recently filed against it by Teodoro Olea, which is certainly to be widely discussed before the November election, but there is the chance of numerous other complications in addition to that, regarding which the attorney general has rendered his opinion. It is well known fact that in more than one particular the signing of the initiative petitions are far from being regular in form: and while it is conceivable these petitions may be within the law there is also the chance that they may not be. And with the welfare of many thousands of people, as well as the welfare of large business interests at stake, it
 
 probable illegality will not be urged against the validity of the bill, even should it be ratified by the voters at the coming election.
 And suppose that condition comes about? If it does it is going to cause an extremely interesting situ- ation-one in which the democratic majority will be called upon to do ;.lo maintain anything like a tenable po- sition
 The Kinney bill and the equal suf- frage amendments are the first two propositions that have come before the people as initiative measures It has already been demonstrated that the referendum is a dead Ietter-that by virtue of the construction placed Upon the emergency regulation any legislature may quietly knife this safeguard for the people" and tell the said people to go hang. This | fact was amply illustrated when the Cochise county liquor license bill came up in the early days of the regular session.
 With this fact in mind it becomes apparent that it would be an ex- tremely unpleasant thing for the democratic contingent if one or both Of these initiative petitions should l fail Also, it is apparent that if the courts should be called upon to de- 1 eide the sufficiency of these peti- l tions they will find themselves in an embarrassing position-a position more embarrassing. it would seem, than that engendered by the justly ] celebrated election case.
 If there is a contest over the Kin ney petition there is, of course l likelihood that it will be inaugurated 1 by some of the mining corporations. | It is not to be supposed that these companies, some of which. it is said. will be forced to suspend operations | in the event of the success of this measure, will let the matter go by default in the event of the existence of legal error. And if they should successfully prosecute a case of that ] kind, what will become of the politi- cal regulations of the men who en- gineered the initiative petitions? l Furthermore it is easy to see that the projection of this question into | the courts would cause the judicial 1 fraternity some perturbation Sup pose the courts should find that the errors in the Kinney petition actu- 1 ally exist, and suppose the courts should decide the error Is sufficient to invalidate the petition. it is easy l to see that a storm of statewide pro- | portions would at once be started.
 It has already been demonstrated that our judiciary is not held in the | greatest respect in this sovereign state. There was abundant evidence of that fact following the election case decision. Then the decision of the supreme court was denounced as
 infamous" and several other equal ly strong epithets were applied to it. On the whole the scene that followed l the publication of that decision was historic in one sense at least-it was marked by denunciation of a char acter that probably never before had i been witnessed in this country.
 And does any one suppose that an
 adverse decision on the Kinney peti- ton would not precipitate another storm of denunciation? Is it not easy to see that the courts would be raked fore and aft as trucklers to
 the interests" and as tools of the mine owners? Such a condition is not at all hard to foresee. In fact. it is rather probable that that is
 precisely the condition that would | obtain.
 And there is the strongest sort of a probability that that is precisely the course events will take. Under 1 (Continued on Page 9.