Weekly journal-miner., 1912-07-17
(Tfom riAay's Daily.l

ment yesterday forenoon an entirely new feature was injected into tt by a question pot to Judge Carpenter, representing the attorney general, by Chief Justice Franklin when he ask ed Carpenter if the court should hold the Saxon law valid and order an election this fall what would be done about a canvassing board. The question apparently took Carpenter unawares and he said eandidly he had not considered that phase of the case. However. it was his opinion it might be necessary for the governor to convent the legis- lature in extraordinary session in order to supply what seems to be a serious defect in the law. says the Arizona Republican.
 The argument, which began at 10 o'clock yesterday morning, had been in progress an hour and half when the chief justice interposed his ques- ton. Several phases of the matter at issue had been suggested by each of the members of the court and these had brought out a number of points not discussed when the case came up in superior court before Judge Phillips. But it was when Chief Justice Franklin touched upon the question of canvassing board, a feature that apparently has been overlooked by all the attorneys, that the most interesting phase of the argument was reached.
 | Justice Franklin called attention, in his question to Mir. Carpenter, to an apparent direct conflict between the language of the constitution and the language of the election law. "Thc constitution fixes specifically the duties of this court" the chief Justice said. These duties arc to be solely judicial and it is expressly provided that we shall perform no other duties than those directed by Aht tbhslilutiphs ANoWs iS ~ provision in this law which makes the chief justice a member of a board whose duty it shall be to canvass the election returns, and that duty is apparently in conflict with the constitutional provision. l ask you what would then be done l ,., la. L. t,tI. ,t.s election law valid? If the constitu- ton prohibits the members of this court from acting in any other capacity than to perform the judicial
 duties as laid down by that instru. ment. and if it is an indispensable
 requisite that the canvassing board consist of three members. what. in
 your judgment, is to be done in th, matter of canvassing the election re
 turns"
 Judge Carpenter said he had mol
 examined that feature of the cas,
 but he would say. without having time to make an investigation. tha
 there would seem to be no objection
 to the governors issuing a proclama
 ton for another special session
 when this defect could be corrected f It will be seen readily enough tha . this is an entirely new feature Q the case and one which has here tofore escaped the notice of ever. Y one connected with the proceeding !. Its result is to complicate stil U further the already badly complicate' {, election natter and after the argu h ment was over and the court ha' a taken the case under advisement th point was freely discussed about tn 4 capitol Opinions were not wantin v to the effect that this point alon d will be decisive in rendering tn election statute invalid.
 e There was one matter plainly ob z servable as the case progressed an h that was that the members of th v supreme court have already take |. the trouble to inform themselve v pretty thoroughly about the poin, e at issue. Their questions to eouns' C showed pretty eonelusively that the n are entirely familiar with all ih a various matters that have been di '0 eussed since the injunction procee, e ing was started in the lower cour |. and for this reason it is believe d their decision will not be long d. y layed However. they have ask, [, that both sides submit briefs. whiS n s shall include the opinion of Juds ,e Phillips. and it Is evident the cal 'e will be thoroughly digested befo fe decision is handed down Tn 70 opinion is expected by the end
 the week.
 Tn the course of Judge Cafpe ntr,