The Coconino sun., 1919-04-11
ATTY. GEN. JONES SAYS
 EMERGENCY BILL NOT LAW

Attorney General Wiley Jones says that the emergency measure passed in the closing hours of the legislature, which the governor passed on to the secretary of state without his approv- al, are not laws at this time.
 Nit. Sims, secretary of state, wrote a letter to the attorney general recent ", asking the status of these bills, and immediately Jones dispatched his opinion. It reads in part as follows: Hon. Nit. Sims,
 Secretary of State,
 Phoenix, Arizona.
 Dear Sir:-
 Tn 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 gov ernOr to the secretary of state with in ten days after the adjournment of that body, the governor in returning the bill withholding his approval of the measure, and returning it, as he states without executive action.
 "This is not the first time the mat ter has been before this department for it's consideration, but it is the first inquiry calling for legal opinion on the subject"
 The attorney general then proceeds 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 gover- nor's veto by two-thirds vote, and en- tirely eliminates from said section all measures which require a vote to become law, or as required in section 1.
 "The case of Santa Cruz county vs. referred to by us in our conference with you, was a case in which this department represented Santa Cruz county, as appellant, but the above quoted sections of the state were not presented to the supreme court by briefs or by oral by either side, and the court held that the emergency action, men, toned in the opinion was not involved in the case. And the observations of the court in the said case were mere dictum and not involved in the mer- its of the case, as made plain by the court in it's decision.
 That the emergency measures men, toned in your letter of inquiry are not laws at this time is plainly evi- dent, in the opinion of this department.
 "It is sufficient to advise you, there fore, at this time, that the emergency 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.
 "I may state to you, however, that on the 14th day of last month. a few hours after the adjournment of the legislature, l, as attorney general, called at the governors office through courtesy due him and offered my ser vices and advice to aid him in the legal and constitutional consideration of any measure passed by the Iegisla- ture, and presented to him for execu- tive action: and the thanks of the ex- ecutive were courteously conveyed to me, and were by me courteously ac- knowledgedL felt that my position required me to assume the responsi- bility involved in my offer to the gov ernor but my offer met with no re- sponse, beyond the courtesy above 
 "Very respectfully,
 "WILEY JONES,
 Attorney General"