Arizona republican., 1918-05-29
Attorney General Holds It
 Is Illegal for Members to
 Introduce Laws Not in Official Call of Governor

Whether or not the legislature may enact legislation not covered in the call of the governor for an eNtraor- dinary session is the subject of an opinion handed down yesterday by At torncy General Jones. It is the belief of tho attorney general that a bill re- lating Co a subject not included in the call cannot be legally enacted. But the attorney makes @ distinction between such a bill and a resolution for con- stitutional amendment to be submitted 70 the people. Such a resolution is not legislation in the sense that finished bin is. It requires no action by the governor and it sets forth only the opinion of the legislature. In the end the people must enact it. The attorney general, however. does not state that such @ resolution would be legal but he hcsitates to declare that it is not.
 The opinion in reply to an inquiry by Governor Hunt follows:
 Opinion to Governor
 May 2S, 1918 lion. George w. P. Hunt,
 Governor of Arizona,
 Phoenix, Arizona.
 Sir:
 | have received your letter of May %. in regard to the inquiry of the Ari zona Cattle Growers association, as to whether the legislature. convened in special session at the call of the gover- nor 10 consider certain specified sub- jects to legislation, may under the con- ditional provisions. submit to the peo- pie for approval constitutional amend ments covering subjects not recom- mended in the governors proclamation for consideration at such session.
 Enclosed in your letter was a copy of the proposed amendment submitted by the association. lt is in the form of an ordinary statutory enactment and is entitled An Act Proposing and Ap- proving Amendments to Sections Ten and Eleven of Article x of the Con- stitution of Arizona and to Provide for the submission of such Proposed Amendments to the Vote of the People of the State of Arizona It also con- tains an enacting clause as follows: Be 1t Enacted by the Legislature, etc"
 Quotes Constitution
 Article " of the Constitution. en- titled Legislative Department" in Sec tion 3 of Part .. "The Legislature. % provides in part as follows: "The gov ernor may call special session, when q. In calling such special session the governor shall specify the subjects to he considered at such session, and at such session no laws shall be enacted cNcept' t'such as relate 10 the subjects mentioned in such call"
 Section 24 of Part 2, provides in part: The enacting clause of every bill enacted by the legislature shall be as follows: Be it enacted by the legis- lature of the state of Arizona"
 From the above it is very apparent that the legislature in the enactment of laws at special session is limited by constitutional mandate to those sub iects which are included in the gover- nors call converting the legislature in special session.
 Amending Matters
 But a further question is presented by your letter. Article XXI of the constitution provides the mode of amending the constitution. In Section l. it says: Any amendment or amend ments to this constitution may be pro- posed in either house of the legislature Any proposed amendment or amendments which shall be introduced in either house of the legislature. and which shall be approved by a majority or the members elected to each of the two houses. shall be entered on the journal of each house. together with the ayes and nays thereon. When any proposed amendment shall be thus passed by a majority of eacl house of the legislature and entered or the respective journals thereof.
 tho secretary of state shall submit sucl proposed amendments, 10 tho vote of the people at the next genera election Q"
 The proposed amendment submitted hy you in your letter, it is true doe. not come within the governors cal converting the legislature in specia session, and whether the matter of 2 constitutional amendment can be pro. posed at a special session without be. ing referred to or included within tn, governors call. is a matter upon whicl have extreme doubt, as such authori