Arizona republican., 1921-07-03
BY. LEGISLATURE
 |S SUSTAINED

In the official opinion of Attorney General Galbraith transmitted yes terday to Secretary of State HaF in reply to the query of the latter, What is the effect of the filing of the voters referendum petition against H. B. S3" is accepted by the secre- tary, the special election on that measure called by the legislature will take place. The attorney general takes the ground that the measure it. self having been referred by the leg islature is not subject to a further referendum; that the constitution provides for two forms of referendum, each complete and independent of the other.
 The opinion follows:
 In my opinion, the attempted vot- CTS referendum filed against H. B. S3. Session Laws, 1921, is imperative, and the election called for in said bill should be called according thereto. To allow the voters referendum to be operative in this case means that in November. 1922, one year from this fall, voters would vote for or against of whether the election should be held this fall. Obviously, such an issue would be absurd.
 To allow the referendum to be operative in this case means that five per cent of the voters could on any occasion delay and deprive the legis lature of its constitutional right to refer matters to voters. In other
 words should the legislature have re- l course to it's constitutional right to
 submit issues to the vote of the | people, five per cent of the voters could file a voters referendum and
 thus in effect prevent the matter be-
 ing submitted to a vote, and thus
 five per cent of the voters could de- feat and delay the whole legislature and deprive it of it's constitutional right to submit issues to the voters. l Five per cent of the voters could pre- vent the main issue being presented to the voters. This office will not 1 knowingly adopt an interpretation
 that will lead to such results.
 | The object and purpose of a refer | endum is to submit a question to the
 voters for their decision. The right i to a referendum should not be used ] as a sword to prevent and defeat the | purpose of referendum.
 | The constitution has created and guaranteed the referendum principle 1 This right is complete, plenary and | unrestricted. The legislative refer | endum is not subject by the constitu- I tion to a superior right for voters 1 referendum filed by five per cent oi 1 the voters. The legislative referendum l and the voters referendum are eacf complete and full within their owr | sphere. It would appear in violation
 of the spirit. intent and purpose o1 | our constitution to invoke the voters | referendum to delay, hinder or defeat
 the legislative referendum. It is not
 in keeping with the spirit of our con | stitution that the referendum prin- T ciple should be used to hamper tn,
 referendum purposes The principl'
 invoked in the referendum issue
 seems very plain and simple. It ap-
 pears fundamental that a referendum
 filed by five per cent of the voter: cannot be used to defeat, delay O.
 hinder a referendum ordered by thu
 legislature, the representative of al of the people. The ultimate object o either referendum is to place the de
 cision of a question into the hands O the voters. The voters referendum filed by five per cent of tie voter should not be used to prevent ques . tions being submitted by the legisla ture directly to the-voters.
 W. J. GALBRAITH, Attorney General.