Arizona republican., 1919-04-04
ATTY. GEN. JONES SAYS ENERGENCY
 BILLS NUT LAWS
Opinion Given in Message to Secretary of State-Says Measures Clearly Are Not Law - Argues Constitu- tion

Attorney General Wiley Jones says that the emergency measures passed in the closing hours of the legislature, which the governor passed on to the secretary of state without his approval, are not law at this time.
 Nit Sims. secretary of state, wrote a letter to the attorney general yester- day. asking the status of these bills, and immediately Jones dispatched his opinion. It reads, in part, as follows; Department of the Attorney General
 Phoenix, Arizona, April ,, 1919 Hon. Nit Sims,
 Secretary of State,
 Phoenix, Arizona.
 Dear Sir
 In response to your written request of this date, calling for the opinion of this department as to the effect of an emergency measure being passed by the legislature in the closing hours of it's session, and returned by the gover- nor to the secretary of state within ten days after the adjournment of that body the governor in returning the bill with holding his approval of the measure and returning it. as he states, without exec utive action"
 This is not the first time the matter has been before this department for it's consideration, but is the first inquiry calling for a legal opinion on the sub | ject."
 1 The attorney general then proceeds i to quote the constitution in the matter at great length, after which he con- | cludes that the bills in question are not laws, in the following language:
 "Thus it will be seen that the above | Section deals only with measures | that may be passed over the governor S veto by two-thirds vote, and entirely eliminates from said section all emer- gency measures which require three fourths vote to become a law, or ap- proved, as requires in Section l.
 "The case of Santa Cruz county vs. l Mcknight referred to by us in our con- ference with you, was a case in which this department represented Santa Cruz county, as appellant, but the above quoted sections of the state constitu- ton, were not presented to the supreme court by briefs or by oral argument by either side, and the court held that the 1 emergency action, mentioned in the 1 opinion, was not involved in the case. And the observations of the court in l the said case were mere dictum and not i involved in the merits of the case as made plain by the court in it's decision.
 Not Laws
 That the emergency measures men, | toned in your letter of inquiry are not laws at this time is plainly evident, in the opinion of this department.
 Tt is sufficient to advise you, there fore, at this time, that the emergency measures to which you have directed the attention of this department are not laws of the state of Arizona under the constitution of the state, nor should you act under them as such, for the reason that the governor of the state withheld his approval of said measures
 T may state to you, however, that CT the fourteenth day of last month a few hours after the adjournment of the leg islature, I, as attorney general. called at the governors office through court esy due to him, and offered my services and advice to aid him in the legal and constitutional consideration of any measure passed by the legislature, anC presented to him for executive action; and the thanks of the executive were cautiously conveyed to me, and were by me courteously acknowledged. felt that my position required me to as- sume the responsibility involved in m, offer to the governor, but my offer me with no response, beyond the courtesy above mentionedp
 Very respectfully
 WILEY JONES,
 Attorney General.
 The next move is now up to the op ponents of the measures concerned particularly those of the land bill Whether they will rest their case ol the opinion of the attorney general O whether they will conclude, from tn, opinion in the Santa Cruz versus Me Knight case, that they might becom law at the end of 90 days and bring t bear the referendum to play safe il their opposition, remains to be seen.