Arizona republican., 1912-07-16

a different time for holding a gen. eral election of state. county and precinct officers is. with respect to the time fixed, in conflict with the constitution of this state and must necessarily give way. The sovereign voice is mandatory. It has fixed the tme. No other power than that of the sovereign who fixed it can make a change. It is certainly not alloWa ble for this court to set aside the obligation of such constitutional provision as directory merely. The constitution says that, the general election for such officers shall be held on the first Tuesday after the first Monday in November, 1914, and bienniallY thereafter, and because it does not in words prohibit holding a general election therefor annually no reasonable man would for a moment contend that, by reason of no eX- press prohibition being incorporated therein, the legislature may provide for general elections annually, or semi annually, or ever monthly, after the first general election provided for by the constitution, or as many general election for such purpose be- fore that time as the legislature may see fit to prescribe The word thereafter" cannot be construed to mean before"
 1 As we have seen, the act is re- pugnant to the constitution in many 1 particulars. It conflicts as to the date for holding the first general 1 election for state. county. and pre- 1 Iri,, r. of tn who shall canvass the returns and issue certificates of election. It con- flicts as to the court which shall have original jurisdiction in election contests Such an act so violative of the fundamental law cannot be sustained. The question for consid- eration is one of power and not of policy, and we are unable to arrive lat any other conclusion than that the act of the legislature is in con traventiOn of the constitution.
 The act also provides for the cleo tiOn for a representative in con gress and for presidential electors But this part of the act is not SC inseparably connected in substance with the other parts of the act to work the destruction of the whole act Striking out the provision for the election of state. county and precinct officers. the act is capable of being carried out in accordance with the legislative intent as to the election of representative in congress and presidential electors in the veal 1912.
 The time for the appointment oi presidential electors and the election of representatives in congress is fixed by the congress of the United States and the time fixed is the first Tues day after the first Monday in NOvem- Der, 1912. It could not be ques- toned that a provision in the con stitutiOn. or in the act of the legiS- lature, fixing different date would be void to the extent that the date cOnflicted. An act of the state O
 Michigan, fixing the date for the meeting of presidential electors a: the first Wednesday of December when an act of congress has pro vided that the electors of each stat should meet and give their votes or the second Monday in January neX
 following their appointment was de clared by the supreme court of tho United States as in conflict witt the act of congress, and must nee essarily give way. yet the act ot
 congress did not in terms prohibi
 the meeting at any other time. The
 state law yielding only to the eXten
 or the collision.
 McPherson V. Blacker, 146 U S, reading at page fl.
 In that case. on page B. afte
 quoting from Senate Rep. 1St Sess 43 Cong. No. 395, The appointment
 of these electors is thus placed ab l solutely and wholly with the legis