Arizona republican., 1918-03-05

facts indicate that the courts would de- clare that ] was elected, i shall make no contest against the decision of the board. Unless the returns therefore clearly show that ] received a majority of the votes cast, shall not accept the office but insist that the matter be submitted to the electorate of the city to be decided at the general election l want no office with doubtful title.
 Respectfully,
 (Sisned) p. CORPSTEIN
 Just what action the city commission will take at the meeting this afternoon is purely matter of conjecture. Neither the city attorney nor any member of the commission would ex- press views as to their position when the matter of canvassing the votes comes before them.
 City Commissioner Frank Wods, who received eighteen votes less than May or Corpstein, before leaving last even- ing on his regular Phoenix Parker run over the Santa Fe, made a brief state ment giving his view of the situation that has arisen as a result of the pri- mary election.
 Woods Makes Statement
 He said:
 If under the city charter MT. Corp stein has been elected mayor at the Urinary, publicly congratulate him on his election and wish his administra- ton and the city of Phoenix success. If, on the other hand, he has not been elected. then l owe to my friends and supporters at the primary the duty of becoming a candidate at the general eiecion. The charter seems to be clear on that point but whichever way the question is decided, it will be perfectly satisfactory to me.
 FRANK WOODS"
 "No Election," Struckmeyer
 Attorney F. C. Struckmeyer is of the opinion that the situation is not al all involved, and that it is very clear that no election resulted from the pri- maries of Friday. Referring to the situation, he said:
 "The Supreme court of Indiana, in speaking of the like question, used the following language:
 From what we have stated, we think it clearly appears that four lead ing principles may be considered as fully established, namely:
 ." First: Where a measure is pro- posed to the people, and its adoption is made to depend on d vote of the majority, those who do not vote arc considered as acquiescing in the re- suit declared by those who do vote even though those voting constitute z minority of those entitled to vote. Second: Where a question is re- quired to be submitted at a certain regular election, and is made to de- pend upon a majority of the votes cas- at such election, majority of all the votes cast at the election is meant anc not merely majority of the votes cast on that particular question:
 "The language of the City Charter is plain. There is no room for equivo. cation or argument. A primary cleo tion only results in the election of ont of the candidates if he receives a ma ] jority of all the votes cast at sucf i election The votes cast at the cleo 1 ton were 4,567, of which Corpstein re ceived 2,270 A child can figure tha | this is not a majority of the votes cas at the election. It is useless to seel | to create argument by speaking of bal lots cast by qualified electors and prop erly deposited in the ballot box as in validated ballots. This is confusion resulting from improper language.
 That this is the correct interpreta tion is made manifest in other section of the city charter, where the framer