Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-11-11
LOCAL ATTORNEY SAYS
AMENDMENT IS FAULTY.
(From Fridays Daily

was drawn, there have been rumors
and statements galore to the effect
that it was loosely drawn and that
if passed would not stand the test
of the courts.
Since Tuesday this phase of the
question has been widely discussed
in Prescott among all classes of
people and that it might be pos
sible to gain some definite opinion
concerning the same, a Journal
Miner reporter approached a promi-
nent local attorney, asking him to
give his opinion, which he did, the
same being worth the perusal at this
time by every person who will fol-
low the history of the amendment
to the end. He said:
First. The amendment to the
constitution is not self-executing. 1t
is OF no force until either the legis-
lature acts or the people, by initia-
tive law, carry said amendment into
effect.
"The amendment itself clearly
shows that it is not self-executing,
because it specifically provides that
the legislature shall, by appropriate
legislation provide for the carrying
into effect of this amendment.
The last section of the proposed
amendment says that it shall take
effect and be in force on the first
day of January. 1915. This clearly
means that the legislature of the
state of Arizona shall have no au-
thority TO pass appropriate legisla-
ton to carry such amendment into
effect until after the first of Janu-
airy, 1915.
at is a universal rule OF the law,
that where a constitutional provis-
ion either expressly or implicitly re
quires legislative action to give eff
feet 10 the purpose contemplated, it
is not self-executing."
Here he cited the following au-
thorities:
American & English Cyc. of Law
Vol. 6, page 915. Missouri V. Tex
as, 10 Fed. 497. Spinney V. Griffith,
% Cal. 149.
For instance. the Fifteenth
Amendment to the United States
Constitution was held by the Unit
ed States Supreme Court, not to
be sclf-executing. u. s. V. Reese,
%, u. s. PA. See also Vol. s Cyc..
page 752. State V. Bradford, so n
w. 143.
I'm this last case, similar amend
ment was voted to the constitution,
and the court squarely held that the
adoption of such an amendment was
not self-executing, and that this
adoption of such an amendment
did not operate to repeal the
existing liquor license statute.
See also Prose V Slaughter, IS Pet
ers 449. u. s. Supreme Court. See
also adams V Kelly, As s. W. $50
at is clear, therefore, that the
present license liquor laws will con-
tinue in effect and all liquor deal
ers who have licenses now or who
secure the same before the repeal
by the legislature, or by the people.
of such laws, can continue to sell
liquor.
Another interesting question is
that while it is the duty OF the
legislature to perform all duties i'm
posed upon it by the constitution,
yet if it fails to do so, and neg
lects or refuses to pass legislation
as required, even by such manda-
tory provisions OF the constitution,
there is no way to compel such
legislature to act. Vol 8 Cyc.,
page 763. SCHUYLER V. Burdoux. "a
Miss. 50. In re State Census. o. n.
w. l29 Bowl V. Carrow, Is Wis.
233.
This coming legislature could
neglect or refuse to pass a law ell
forcing this amendment and no one
could compel them to, as the en-
actment OF laws is wholly within
their discretion. OF course, a di-
rect law could be initiated, if the
proper petitions were filed, but this
could not be passed upon until the
next general election. and even il
it carried then. would not go into
force until the next election, and
the saloons would continue until
that time.
Again, even if the legislature did
act and pass a law enforcing thi:
amendment, yet under the referen
dunn. such a law would not go into
effect until ninety days after th'
close OF the legislature, unless /
were passed by a two-thirds MAORI
ty of both houses, as an emergency
measure, and it would not go into
effect even at the end Of the ninety
days, if five percent OF the qualified
electors would sign a referendum pc
tition. in which event it would no
become operative if passed by tn
people, until the next general cleo
ton.
1T is very apparent that Arizoni
will not be dry for some time #
come.
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