Arizona republican., 1921-07-08
FRIDAY MORNING. JULY 8, 1921.
He whom fortune has never de- ceived rarely considers the uncer- tainty of human events.
 -Livy.
Secretary Hall and the Referendum


 Secretary Hall and the Referendum
 The reply of Secretary of State Hall to the letter of Attorney General Galbrah conveying the latters opinion the invady the referendum proceedings ngainst House Bill ss utterly unconvincing It is weaker than 1t expected to be. upholstered by even pretense of legal authority.
 It leaves a question to be decided far im- portant than the of that bill It involves the procedure for amending the constitution for which the constitution provides.
 MT. Hall relies upon that the referendum- elected attack the whole but only single section of it. Of says the the referendum cannot be invoked against referred measure If that had been attempted says the retary would have concurred in the opinion of the attorney general but since the referednum was invoked against only section of bill the ref srendumists acting within their reserved pow sru" against any item, section part of any measure enacted by the legislature"
 Now it will be observed that the secretary has already declared that he would concur with the at- torney general in the opinion that the referendum could not be invoked against ss whole. Yet ss is measure" and being measure be, in the opinion of the secretary, subject whole the exercise of the reserved powers" which refers According to the reasoning of the secretary. the referendumists might have attacked successfully other item. part section of measure They might have attacked the enactng clause; they might have attacked the first section the proposition to amend they might have attacked section the pro- vision fixing the limit the states indebtedness They might have attacked any part of the measure just they did not attack of it and then in the opinion of the secretary as understand it. they could get away with 1t
 The secretary has already distinguished by his admission. between measures which may be attacked and referendum measures which may be attacked. Does if not suggest itself to him that the 'reserved powers to which he refers relate only to measures which may be attacked in their entirety?
 What the legislature attempted to do in section 4 fix date for special election the proposed amendment it authorized much by the con- sttuton to do. anything else in the measure it attempted to do So the referendum becomes an un- warranted interference with the constitutional pow CTS of the legislature which we are sure the courts will permit.
 It is vital. therefore, that this matter should be promptly settled; much more vital than the deter mination whether the state may encourage the reclamation of its aird lands this action of the referendumists and the secretary should stand fl would be impossible for the constitution to bs amended at special election called by the legisla- ture the provides if five per cent o the voters of Arizona happened oppose the amend ment
 It Is said that the secretary may House Bil Ss to be placed upon the the next genera election By what authority may he do so Ther is none in the or the constitution whe the legislature merely refers measure without fxin date for election it. or when the referendum Is invoked against measure subject to the referen dunn it goes by statute next general election But in this when date fixed by constitute authority for the election. has passed. it has forever It go either automatically or unde the order of the secretary another date
 Though the secretary does not take as a groun 1~f~ not properly part of the bill. component part it. that has been urged by other supporters of tf referendum Then, if not part of the bill it is n' in the theory of the secretary. subject to the refe endum If it is not attempt at legislation it exercise a ministerial power conferred upon tl legislature by the constitution; is more sul ject to the referendum than any proclamation by governor calling special election, he is empov by the constitution to do. fill certain offici vacancies
 In his reply Secretary Hall strangely adduces proof of subjection House Bill ss to the refe endum (which have noticed, he in the sar breath is subject in it's entirety) the ia that the house passed the bill with the emergen clause attached But thanks to the senate, whi perceived the stupidity of burdening referred me sure with an emergency clause. the bill did COT before the governor with such ridiculous ador ment But secretary curiousy relies upon thoughtlessness If the ignorance of the house evidence of the correctness of the strange position taken
 We trust that not only those concerned in Ho, rau ss and the related proposed legislation, but who are concerned in the correct interpretation the statutes and the constitution will seek an ca ae,eruination whether the constitutional powers inc legislature may set at naught by the s nsfpres of five per cent of the voters-whether constitution itself be so easily thwarted- 
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