Arizona republican., 1912-07-16

clause in a written constitution has been inserted for some useful pur- pose and. therefore, the instrument must be construed as whole in order that it's intent and general purpose may be ascertained: and. as a necessary result of this rule. It follows that, whenever it is pos- sible to do so; each provision must De construed so that it shall har- monize with all others without dis torting the meanng of any of such provisions, so that the intent of the framers may be ascertained and car ried out and effect given to the fn- strument as a whole.
 8 Cyc. 73O.
 For the purpose of harmonizing apparently conflicting clauses in a constitution, each must be read with direct reference to every other which relates to te same subject, if pos sIble, so as to avoid repugnancy IT We were to read the several provisions of the constitution with reference to the election of off, cers under the provisions of the en- abling act, and their terms of office as stated. and the provisions or the re-election of such officers at the first general state election thereafter held under the constitution. and then read, with direct reference to such provisions. Sec. II of Article VII, There shall be a general election of i representatives in congress- and of state. county. and precinct officers on the first Tuesday after the first Monday in November of the first even numbered year after the year in which Arizona is admitted to statehood, and biennially thereafter . 1 there is perfect harmony and no ambiguity or repugnancy whatever 1 The meaning comes upon us just as St Paul says. the sparks fly up-
 Ward-naturallY" We plainly see
 that the framers of the fundamental
 law had in mind but two elections
 one under the provisions of the en-
 abling act, at which all the officers
 elected had but one co-terminous
 tenure of office. All were elected 1 to remain in office for the same length of time The other the gen. , eral election to be held therea fter under the constitution. at which the
 
 terms of office. Clearly. we could
 give no other construction, unless i be a strained and confused one anC
 make discOrd where harmony pre- Vails. Such construction bears ou
 the intent and general purpose O
 the constitution and ought to pre- 1 vail
 And then as MT. Cooley. one o
 the sOundest jurists who have writ
 ten on the subject nj constitutions
 limitations. says: If clrCctiOns ar
 2. yon respecun: t':e time or mode
 of proceeding in which pOwe
 should be exercised. the presumptio
 is that the people designed that should be exercised in that tim and mode only, and we should i'm
 pute to the people a want of du
 appreciation of the purpose an
 proper province of such an instru
 ment when we infer that such di i rections are given to any Othe end"
 The constitution of Arizona wa , adopted by the convention on De l cember g. 1910, and at an electio
 provided therefor, was. on the 9t 5 day of February, 1911. OverWhelm ingly ratified by the votes of tn people. After a resolution of con
 gress approving the constitution a t adopted by the people, Presider Taft. owing to his hostility to tn recall of the judiciary, placed hi disapproval upon it by the vet : thereby greatly disappointing tf people of this state. After unaC Ia1o
 the constitution was again submit = ted to the people on December l . 1911, at which time officers for : full state government were electe Q Knowing that it was the only methO { of obtaining their political inde 2 pendence. the people, in order to es l tablish their own government, Obeye T the command of the president an rejected the recall of judges frOl s the constitution. And finally. aftt : all the delays and trials and misgiN 2 ings that attended it, the gladsOn I tidings were flashed over the wire : on February 14th, 1912, to an exult a ant people, that the proclamation aC mtting Arizona to statehood ha s been signed by the president and u : patient work and hope of years Wa r at last realized.
 r The constitution provides in Al 0 ticle VII. Sec. II, There shall
 a general election of representative . in congress, and of state, county ar V precinct officers on the first Tues e day after the first Monday in Nc - vember of the first even numbere Q year after the year in which Al : zona is admitted to statehood, ar
 biennially thereafter"
 . We hold that such provision II mandatory and any act of the legi: y llature attempting to fix another al