Arizona republican., 1917-07-08
TO BE PASSED 0N
 IN FEW HOURS

Law points on the injunction suit brought by the labor oli anizations against the secretary of state to re- strain him from placing the referen- dunn on the minimum wage law for women, passed at the last session of the legislature, on the ballot at the next general election, were heard be- fore Judge Stanford yesterday. The court, after hearing arguments and in qulring into many of the points raised by counsel on both sides, announced that he would take the matter under advisement until 9:30 o'clock Monday morning.
 The main issues were lost sight of two weeks ago in the controversy be- tween the secretary of state and the attorney general, when the latter re- fused to represent the former in a legal capacity A new light was turned on this phase of the case yesterday when the court went in session. and Assistant Attorney General R. w. Krae- mer asked that the name of the at torney general be substituted for that of E. B. Davis, as plaintiff.
 "The attorney general was called to Globe, as your honor no doubt knows, to assist in and take charge of the criminal prosecution at that place. said MT. Kraemer. At his request and in his behalf, | desire to state, lnasmuch as there appears to be doubt, and serious doubt as to the capacity of private citizen to maintain this injunction suit, the attorney general has consented to joining his name with that of the plaintiff, in order that there might be a full, fair, and com plete hearing on the merits of this controversy, and that on account of alleged frauds and irregularities that the interests of the people might be determined and protected
 In offering the name of the official in place of that of Davis, counsel claimed that a private citizen could not bring an injunction suit against public officer, unless it effects that individuals property rights Agreeing to this, counsel for the defendant stipulated that the Adams Hotel com pany be named as intervenor and this was agreed upon
 The chief point raised in the argu- ments that lasted several hours was that of whether or not the court would go farther than inquire whether the netition was legally sufficient. Judge Barnum, personal attorney for che sec retary of state and George Purdy Bull lard, for the proponents of the referen- dunn. contended that was the main is sue. They declared that on midnight June 6. there was on record with the secretary of state a referendum peti- tion containing more than the required number of signatures-that alone they declared was the matter before the court.
 Mir. Bullard recalled to the court that the people of Arizona almost unan- imously adopted the initiative and ref erendum. The constitution, he con- tinued, makes the initiative and refer endum part of the legislative power of the state-and the people reserve to themselves certain rights of legis- lative matters He said that a charge had been made that signatures had been obtained through misrepresenta : tion and fraud, but a man is presumed to know what he signs, he added.
 No court of equity would relieve him of the obligation of his signature, " said MT. Bullard in support of his con- tention. ITO do that would be to stretch the rule of equity until 1t cracked. Suppose it is said I signed without reading the petition, the an- sWer would be that the laws gre not made to protect fools. l should think the Arizonian would have too high a re- gard for the initiative and referendum to sign a petition without knowing what he was signing, but if that matter be gone into, the courts will be flooded with litigation
 The court, it was held, could not go into the matter of representation, that the only matter of the moment was that the petition had been filed and that it contained more than the re- quired number of signatures, no mat ter how obtained.
 MT. Bullard further contended that the court could not interfere with the injunctive process.
 F. C. Struckmeyer, for the plaintiff held that the statutes gives remedy by injunction.
 "One forgery could knock the pe- ttion out" said MT. Struckmeyer in the course of his argument.
 According to that theory, if the labor unions of the state get up petitions for a labor measure and should have a thousand more names than neces- sary, and the people who are opposed to the measure succeeded in getting one man to forge a name it would throw out the whole measuer" replied MT. Bullard.
 Shepherd and Niles associated witt MT. Struckmeyer m the case, took III the phase bearing on rights in courts lf.fa