Arizona republican., 1912-07-18
ORGANIC LAWS
 FLEX|b|L|TY
It Is Shown That the Con stitution of Arizona May Be Bent Into Almost Any Shape That May Be De- sired

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 Sir: Much has been written and said of the constitution of the United States. Its most distinguished comS mentators have greatly desired and widely proclaimed, as it's chief char acteristic, it's flexibility. Had such commentators as MT. Bryce the op- portunity to examine the constitution of the state of Arizona they could not have. failed to have greatly ad- mired it's flexibility or rather it's elas- ticity.
 That wonderful document, it seems can be made to fit any political exi- gency. Although it has been in op- eratiOn only five months it has been made to fit a multiplicity of condi- tions. First we have the emergency clause of the referendum construed to mean that it is necessary to the public peace, health and safety that a few saloon keepers be permitted to sell liquor. After this it is easy to fit the clause to almost any bill that the legislature might choose to enact into a law. Any act that is of inn pcrtance to the people, and as to which the people might be expected to desire to express themselves. has the now famous emergency clause tackled on to it and is thereby ex- cepted from the provisions of the referendum
 We have been told, vociferously, how the liberties of the people have been snatched from them and that the only specific for this i'll was the referendum. The referendum meant the reservation by the people of the right to say whether an act of the legislature should become law. Un- der it no law could remain on the statute books against the expressed wish of the people Behold the re- suit The constitution contains very harmless appearing clause known as the emergency clause" whereby by merely declaring that an act was for the public peace. health and safe ty and passing the bill by a two thirds vote it became immediately a law and was excepted from tha pro visions of the referendum The iegis- lature, with the advice of the attor ney general, has construed this emer gency clause to mean anything they wanted to have it mean and have tackled it onto any number of bills tackled onto it any number of bills that have about as much relation to the public peace health and safety as the works of Paul de Rock have to the Holy Bible
 The right of the people to rule was to have been paramount in Arizona The state officials. from the governor I a1o r,la 1t declared against all encroachment on the rights of the common people" and proclaimed in no unmeasured terms that the mighty arm of the administration would be active in the defence of the liberties of the people. Let the People Rule and Put the friends of Arizonas Constitution in Charge" were the campaign slogans. What is the result? For instance: certain parts of the constitution are capable of being construed in two diametrically opposite ways. Under one construction an election would be held. The present officials would be put to the expense of campaign with the risk of failing of reelection. Under the other construction they could retain office two years longer. Idea! We vii have the secretary enjoined from calling an election and keep our jobs" We all know the re- suit notwithstanding the fact that r. there was not a court in the state that had a right to sit in the case, leach and every judge having pc cuniary interest in the resulO. Not withstanding the fact that no court in the United States from the foun- dation of the government has dared to interfere, by way of injunction. in an election, our supreme court de- cides the election without cOnStitu tional authority and issues the in junction. But they are somewhat wise in their day and generation and decide that, although the election of congressman is inseparably tied up with that of state officers in the same clause of the constitution and in the Saxon bill, the election of con- gressman is perfectly constitutional What 2? ],
 If you will grant me a little more space I vii quote the supreme couI< or Illinois on this question. The court of a state which has been held up to scorn by the "progressives' as one ;, ,,-l,ioh tho rlr Ia