Bisbee daily review., 1913-04-10
COURT UPHOLOS
REFERRED LAWS
Declares 1t Cannot Inquire
into Alleged Irregularities
Which Have Deprived the
People of No Rights
END OF TEST CASE

The Arizona game law. enacted by
the first legislature and ratified at
the election last fall was on Saturday
last sustained by the supreme court
in affirming the decision of Judge
Phillips of the superior court of Mari
copa county in the case OF Wood Al
len against the state Of Arizona. An
appeal was taken by Allen who it will
be remembered, killed quail not be-
cause he was a sport but to see
how strong the law was. There was
10 Denial of the killing of the quail
but II was asserted thar there was
no law making that act crime.
The opinion recites the history OF
the legislation from the time OF its
enactment b. the legislature through
the submission OF it TO the people,
their ratification Of it and the gov
ernor's proclamation
The first objection of>the pl1intif
was that the measure was not sub
mitted at a legal or proper election
and the second, that il was not given
the publicity provided in the coRsd-
tuition and was therefore null and
void
The court stated that if the objec-
tons had been made in the early
stages OF the submission Of the law
to the people, for the reasons as
signed, the questions would have
/ been a subject of judicial investiga-
! ton and determination. The courts
woul5 then have had power to en-
force or restrain action and they
! could have been invoked by any eli
tizen OF the state.
/ However" says the opinion the
/ measure was submitted to the vot-
ers without question: they were in
/ yitei to believe that the formalities
| pertaining to the submission Of the
! law had been fully met. The eX-
J Bense OF the election was incurred
and the electors. imbued with the
J conviction that they were performing
one CT the highest functions Of citi-
! zenship, and not going through
mere hollow form, We may assume,
! Investigated the question and went
TO the polls and voted thereon"
Regarding the character OF the
election at which the measure
should be submitted that being a
general election, the opinion quoted
from the law passed at the first
special session providing for a gen
eraI election to be held last Novem-
her. at the time that the measure
was actually submitted This law
provided for the election OF state and
county officers and il will be remem-
bered That the law as to the cleo.
ton OF such officers was set aside
By the supreme court in the case Ct
the state against Osborn. The court
states that that opinion did not hold
the election law wholly incompatible
with the constitution but held Il &c
be valid legislation in so far as il
provided Tor the election of a repre-
sentative in congress and presidential
electors. The election held under
thaf law was therefore a genera
election.
Regarding the contention that the
measure was not given the degree Of
publicity required by the constitution,
the court held that it was unneces-
saTy 10 discuss what the law re-
uuires in that respect. Neither
would It go into the details OF what
was done and what was not done
by the administrative officers in the
matter Of giving publicity to the
measure. we believe" says the
court. chat We are precluded from
doing.so on grounds of public policy
logic. reason and by the law II