Arizona republican., 1912-07-09
Belief of Lawyers That the November Election Mud dle Will Not Be Ripe for Settlement Until Election Is Held.
SOME PERPLEXITIES
 WOULD ATTEND
Candidates for State and County Offices Uncertain as to Final Decision and Would Not Run with Wild Enthusiasm.

The decision Of Judge Phillips in the Davis-Osborn election contest matter, in which the validity of the Saxon law is upheld, so far from ending the controversy regarding the meaning of the constitution has merely had the effect of accentuat- ing the lines of difference between the two camps of contestants
 It will be recalled that Judge Phil lips did not file a formal written opinion in deciding this case The law does not require written opln- ions by the superior court and the only thing the court needed to do in this matter was to state his con cIusions. He is not compelled to give a reason for his decision at all if he is not so inclined.
 However, Judge Phillips did say, among other things, that he is in clined to the belief that this IS a political rather than a judicial ques- tion. in which event the court would not have jurisdiction. Furthermore if the supreme court should hold to the same view the case will be Tn exactly the same condition now as in the beginning. Then, as has been pointed out the only remedy for any aggrieved person would be by quo warranto proceeding to be instituted after theszelection.
 It is this proposition that Is caus- ing q good deal of discussion. Who will be willing to run for office un- nf the law is q question heard frequently. What man will take a chance on a cam naien when he does not know if he would be entitled to the office even in the event of his election
 And it is a fact that that would De the precise situation. Lawyers ad- init the situation would be an unfor- tunate one-in fact one doesn't have tO be a lawyer to recognize that fact. But some very good lawyers beheNe that Judge Phillips touched the very oist of the entire matter when ne said the question is a political one end is entirely in the hands of the legislature. so far as ordering an elec- ton is concerned. On the other hand some incline to the belief that the case should have been taken 10 the supreme court in the flrst ln- stance by means of mandamus pro ceeding. Still. it is pointed out, It Is difficult to see how a mandamuS would lie except the secretary or state should refuse to issue the mo- tices for the primary election. Ana Mir. Osborn positively declined to pIace himself in that position.
 But if the supreme court holds IL has no jurisdiction, which is equiva- lent to saying nothing can be done until after the election it is easy to see political affairs all over the state ill be in a badly scrambled condition We shall then proceed to hold an election. not knowing if the election will be valid or otherwise. What will be the result of such proceeding it is extremely ditficul' to say.
 In the case of state and county or ficials who may be reelected there would be no difficulty If the elec- ton should be held valid, they would hold office by virtue Of that elec- ton. If it should be held invalid they ould be entitled to the offices under the election of 1911. But some cases are not so simple as these
 Suppose some of the state and county officers should not be re- elected. They could hold on to thelr nositiOns. nevertheless, claiming the election law to be invalid. It IS m case such as this that the quo war ranto proceeding would be invoked
 Then there is the case of the state treasurer. The constitution provides the treasurer shall serve but single term It would. of course, serve nc nurpose for Mir Johnson to be can didate again. since. if the law IS valid his term will end next January anyhow. and if it is invalid he vii hold over in spite of the election o somebody else.
 But the legislature presents th' most peculiar aspect. The life Of th' nresent legislature ends next Janu arv. whether there be an election o not That is provided for by tn constitution Now. suppose there b an election this fall. including mem hers of the legislature If that cleo tion then be held invalid it will leaV the state with no legislative bod, whatever from January, 1913, unti January. 1915 So, no matter wha contingency might arise there coul he no legislative action to meet Il No matter hat necessity might pres if ould have to await the constitution os a new legislative body It IS douot ICso,+;yu,ad on papa 5l