Arizona republican., 1922-01-07
SATURDAY MORNING. JANUARY 7. 1922
A nation is a thing that Hves and
acts like q man, and men are the
particles of which 1t is composed.
j. G. Holland.
The @Appointsdv Legislature

We the possibility of complications in the
legislature in extraordinary session 1t is under
stood that nine Of the elected members have resigned
These and all other vacancies be filled under
the new law by appointment by the supervisors Of
the counties where the elected members had resigned
certificate of appointment will be given the
appointed member but that will not admit him at once
to membership. for under Section s. Article w (The
egsature) each house is Judge the election and
qualification of its members"
We know so far of the resignation of only Re-
publican members whose places under the law must
be filled by Republicans the voters Of their respective
districts being given choice to either the poll
tics or the personality Of the appointees the
appointing power is given no choice as to the poll
tics
The appointment of member gives him no
right participate in the organization that II all
the appointed members are Republicans the Demo-
Gratis will be In overwhelming majority in the
ganization. They may hen If they desire reject all
OF the appointed members and in doing they would
have apparently the constitution their side for the
constitution to contemplate but
ELECTED members.
Supposing though that the Democrats should be
generous and should admit the appointees their
certificates should accord them full recognition and
proceed to the enactment of legislation. How much
of this legislation would valid? There thirty
nine members of the house Section 15 OF Article Nv:
"A majority OF all members elected to each house
shall be necessary to pass any bill" Thus in the
present house the votes of twenty members are re-
ouired pass a bill and that requirement will obtain
in any session that may be held
Any member who is not elected could not be a
member OF the required constitutional majority. SO
far determining legislation is concerned, he
could have vote under the constitution-that is
vote that could any figure, though recorded Any
act passed by less than a majority OF the votes Of
elected members would be subject to attack and if
any opponent should be interested and there is al
ways adverse interest in important legislation it
would be attacked.
We suppose that the Legislature in passing the
law authorizing the filling OF vacancies by appoint
men believed If the legislature thought of the
stitution at ALL that election was broad enough to
appointment" that was possible for board
of supervisors to elect.
But there is a well recognized distinction Says
the International Encyclopedias
Election in politics is the choice Of public Of
ficers by the vote of those who entitled to
else the elective franchise This is be distinguished
the one hand from the appointment OF officers by
a superior by king, president, governor a
mayor; and on the other hand from their selection
by lot"
This is direct or popular election. Then have
representative election striking example which was
the election Of United States senators by legislatures
previous to the adoption of the Seventeenth Amend
ment nine years ago. But representative election
in that case under the permission of the consti
tuition, whereas construction be placed upon
state constitution giving boards Of supervisors
power TO represent the people in the election"
appointment OF members Of the legislature. More
over the duty sought to be imposed upon boards Of
supervisors is ministerial Nor they allowed
that freedom Of action which popular
enjoy, for have pointed out they are limited to
the election" Of members from single party.
The whole thing is contrary to the spirit of Amer
lean government. There is nothing like it anywhere
in the United States and there has been any
thing like it. 1t contemplates attempt to inter-
pret the win OF the people in selecting represen
tatives in the legislature.