Arizona republican., 1912-07-16

which should frame a new consti- tuition, subject to the same proceed ings of ratification as if originally prepared When the constitution was finally ratified. it was to he sent to the president and congress for their approval, and. if approved. the president was to certify the facts To the governor within thirty days. An election of officers was then to be had not earlier than sixty days nor later than ninety days after a proclamation of the governor to that effect. It will be seen bv survey of these facts. that the members of the constitutional con- Vention could not, with any defin- iteness, foretell when Arizona would De admitted to statehood It was possible, if the president and con- gress would approve the constitu- tion at the earliest date after re- ceiving it, that statehood would be accomplished by June, 1911. in which event, the first general state cleo tion would, as provided in the con stitution, fall on the first Tuesday after the first Monday in Novem- ber, 1912. The facts are. that the president and congress failed to ap- prove the first draft of our consti- tuition and. by a joint resolution of congress, the people were required to eliminate some feature objection able to the president This reuuird another submission and ratification. December 18th, 1911, the people voted on the amended constitution and at the same time elected their of ficers. The returns of this election were sent to the president. who, on February 14th. 1912, issued his proc lamatiOn admitting Arizona to state 1 hood
 All of the difficulties encountered 1 by official delays at home, by re- | fuSal of the president and congress l to approve the constitution. legisla- ton requiring the people to amend their fundamental law, could not be known in advance. but some of 1 them could reasonably be and prob ] ably were apprehended by the fram- CTS of the constitution
 By reason of the uncertainty as to when admission could be had the convention very thoughtfulIy pro- NiNNN 'N hDtN- II. Al llClt ' II, lNd | There shall be general election of representatives in congress, and tof state, county and precinct off cers on the first Tuesday after the l first Monday in November of the
 first even numbered year after the
 year in which Arizona is admitted
 to statehood. and biennially there
 after" In other words, the cOnst- tuition provides that if admission
 was had in 1911, 8 general election of such officers should be. held 1T
 1912. and if admission is had ir 1912 or 1913 an election of such of ficers is to be had in 1914 Admis- sion being accomplished in 1912. the first even numbered year thereaftel is 1914. Hence no general electiOr
 of these officers may be had unti 1914
 Here the constitution has fixed
 the time for holding the first gen
 eral state election by saying that i shall be "on the first Tuesday afte
 the first Monday in November of thu
 first even numbered year after tn i year in which Arizona is admitted to statehood and biennially there
 after" which. under the facts in thi
 case, as clearly and definitely name
 1914 as if it had been written out
 right into the constitution.
 It should be born in mind tha ! the provisions of the constitution
 creating offices and fixing their ten ure in no way bear upon the queS
 tion of elections. They do not at
 tempt or pretend to say when sue
 cessors shall be chosen. They ere
 ate and fix the tenure of offices
 Under a different subject matter
 Suffrage and Elections''-the con . stitution fixes the date of holdin elections This is the only dat 7 fixed or attempted to be fixed.
 is as certain as to time as tn English language can make it. Ha } the constitution contemplated election for state, county and pre-
 cinct officers at any other time
 than named specifically in the in strument. before fixing the dat r thereof it's framers would have use the words unless otherwise pro vided by law" there shall be , general election, etc. etc. The ab 3 sence of any such expression
 very significant. We are not to i'm
 pute the absence of such words, O
 those of like import to any othe significance than clear intent t definitely fix the time.
 By Sec. 32. Art II of the c0nsti
 tuition. it's provisions are mandator ; unless by express words they ar
 declared to be otherwise. Manda
 tory is defined as command, henc : obligatory. That which we must i'm . plicitly follow and obey.
 It is a salutary rule of construc g ton that. the presumption and legf
 lintendment is that each and ever