Arizona republican., 1921-06-08
WEDNESDAY MORNING. JUNE s. 1921.
Our grand business IS, rot to see aOls1t lies dimly at e distunce, but to do aOhdt lies clearly at hond.
 -Cdrlyle.
This Double Reference

This Double Reference
 It is generally the opinion of lawyers that those who have invoked the referendum against House Bill ss have bused themselves in futile proceeding: that measure which the legislature has already referred to the people cannot be further referred
 The referendum has been sought to that sec tion of the bnl which refers 1t to the people special election has been the contention of some of the friends of the referendum be invoked against a part of bil but that they are in error Article " of the constitu- tion. any measure, item, section part of any measure~ may be submitted to the people
 Perhaps the opponents of the bill rely any measure." holding that since even proposed con stitutional amendment it is subject to the referendum. But generally the law does not con- template things shall be done uselessly There fore. 1t cannot contemplate that proposed statute which the legislature has already referred, posed constitutional amendment which in the very nature of things is referred has been niti ated shall be referred again by petition. Such of reference could other purpose than delay the proceedings it is proposed to do in this case-to delay the expression of the people.
 The referendum petition against House Bill ss aims especially that paragraph of it in which the legislature has to the people special election It of the arguments of the oppon- ents. that the bill should have been referred eeCtOH eoSAitS1 to ssners that the referendum would be | reference of the measure a general election. If they know anything they know that this obstacle if they could successfully present it. would prevent the from submission at any cleo tion- It must before the people at the time fixed by the legislature
 Article XXI of the constitution Mode of Amend ing. prescrbes the which proposed amend ments shall be submitted. Amendments may be posed either by petition signed by fifteen of the voters or they may be proposed by legislature If no time fixed either case the secretary of state submit such proposed amendments to the sote people general election (except whom the legislature shall call special election for the purpose of having said proposed amendment or amsndmsnts voted upon, in which the secretary Of stats shaii submit such proposed amendment smsndmsnts the qualified voters at said eecton.)"
 this such special election "is hereby called' by the legislature the paragraph against which the specially invoked
 In the foregoing Article XXI in which the sttution prescribes the machinery for amending it. self there is nowhere a reference the of the referendum by petition for all proposed amendments are automatically referred the succeeding general election people the legislature designate some other and that done by the legislature In Bill 83.
 We do whether the will find any decisions bearing directly this Robaby not We suppose within the compara- lively brief time that elapsed since called popular government was established such a foolish attempt at obstruction has been now though in the Oklahoma of the Board Educa- tion of the City of Ardmore State Best 1os Pacific Reporter, this question raised in cidentaIly other questions.
 resolution had been adopted by the board o education requesting mayor the city ar election proposition to issue bonds for certain school purposes. That promptly done. but i was contended by the plaintiff in that th election was nulty since the election calles within less than 30 days within which time the ref erendum might have been invoked The power of tn referendum in Oklahoma is reserved to the lega voters of counties districts and it contende bv counsel for the plaintiff and referendum provisions of the constitution havin been made applicable by statute to school districts 10 action on calling of the election should hay been taken within the 30 days
 with this view the law the suprem court i've cannot agree
 The law relating to the incurring of indebted ness by school districts is recited in the opinion county. city, town township, school district, etc may become indebted in any manner or for any pur - q, any year in any exceeding the ir come and revenue provided for that year witho, .. .ert of three-fifths of the voters eIectio .a he held for that purpose And with this assen .h. indebtedness voted may not exceed five per cel [, the taxable value of the property in the district
 In our opinion says the court. the foregoir
 , of the constitution intended to provide
 ,fic referendum. Every purpose or u ..ssrvaton of the power of the referendum so lar ,,u voters of school districts are coheerhee VIII
 5ed by this construction The man que
 !. shall the school district become indebted uoh s and for the purposes mentioned in |