The copper era and Morenci leader., 1912-07-12

you as follows: .a
 Subdivision Of Section 1 of Article ". under the head of legislative de partment in the constitution relating to this subject is as follows:
 "(4 All petitions submitted under the power of the initiative shall te known as initiative petitions and shall be filed with the secretary of state not loss than four months preceding the date so proposed are to be voted upon.
 From the foregoing, it will be seen that all petitions must be filed with the secretary of state not less than four months preceding the date-of the election upon which they are to be voted upon. InaSmuch as the proviS- ions of the constitution are mandatory the question of whether or not the petitions were so filed becomes an important question. There is a well established uniform meaning to the word filed when used with rela- tion to papers in the sense employed in the constitution which, applied 10 the article of the constitution in ques- tion, simply means that the initia- tive petitions shall be placed in the of fee of the secretary of state not less than four months, and so on.
 In the case of Ward vs. Healey, re- ported in 42 Pacific Reporter, page 1071, it is said:
 Again it is contended that the printed transcript was in the office Of the WellS-Fargo & company in transit to the clerk of this court for filing when the motion to dismiss was serv- ed, and for that reason the motion should be denied. Placing the docu- ment in the office of Wells, Fargo !S company was not the equivalent of filing, and it cannot be considered as filed when so placed"
 The principle announced in the fore going decision is of general applica- ton, and, particularly in view of the fact that the provision of the consti- tuition is mandatory, 1 do not believe it can be said that a petition was filed in the office of the secretary of state be- fore it reached him or reached his office.
 Again, l note that you say that a petition from Morenci, not acknowl- edged in any place, was filed in the office on the morning of July ,, and request information as to whether or not this petition can be considered d part of the general petition. l beg to advise that it is our opinion that this petition cannot be considered for any purpose until it is acknowledged as the constitution requires; but it iIAdS De IIdI IhS pSllIIOn llldy DS dN- knowledged after it is filed and thus cure this defect
 In the case in re Grogan, 13 N. !. Supplement, 421, it is held:
 Where through a miScOnStructiOn of the statute, there was a fatal de feet in the certificate of nomination which was filed in time the court or dered a new and proper certificate to be filed nunc pro tunc.'
 l think under proper conditions this could be done with reference to the petition from Morenci, and if the fil- ing of this petition would produce the requisite number of signers required by the constitution to authorize this law to be voted upon, I think you would be justified in presenting it in accordance with the provisions of the constitution. *s ;
 Again, I note that you ask how your office can check the names signed to the Kinney and woman's suffrage peti- tions in ordor to do+o----->~ a~ - ~ .