The Winslow mail., 1923-01-12

melting out of punishment or reward,
our government is then in real dan
ger of collapse.
AS a citizen cannot choose what
laws he will obey, so likewise those
charged with law enforcement cannot
choose the laws they will enforce.
Those charged with law enforcement
must enforce all the laws, and all
good citizens must obey all laws.
Neither can exercise any right or
choose in this matter without placing
themselves above the law.
Dangerous forces are at work
throughout the world. Mob law is on
the increase. Force is being resort
ed to, instead of an appeal being made
to law and justice, in the settlement
of differences arising as a result of
our complex civilization
Malign influences, which have un-
loosed the monsters of hate, fear, pre-
judice and suspicion among neighbors
and citizens should be destroyed as
un-American and destructive of those
tenets of freedom sponsored by the
men who left their footprints upon
the snow at Valley Forge.
! therefore recommend the enact
ment of such laws as may be neces-
sary to curb the usurpation of govern
ment functions by persons or organi-
cations.
A Home for Disabled Miners.
When Arizona was admitted to
statehood, the Congress of the United
States set aside a grant of land to
partly provide for the maintenance
of home or hospital for disabled
miners. The increasing number of
men who have served in developing
the mining industry of the State and
who, because of injuries, sickness and
age, are approaching the time when
they are no longer able to earn a
1 livelihood, suggests the wisdom of
providing tha necessary means to fin
ance the establishment of a miners
hospital and home. AS test for ad-
mittance to this hospital or home,
the word miner" should be used in
it's broadest sense, as including those
engaged in the mining industry. In
connection with this matter I suggest
that if the Legislature provides for
the establishment of such an institu-
ton, that Congress be petitioned,
through AriZona's representatives in
Washington, to set aside an additional
number of acres of land in Arizona
for the maintenance of the institution.
The States Liability to It's Injured
Employees.
Modern justice insists that injuries
sustained by a workman during the
course of his employment should be
a charge on the industry. This prin-
ciple is now universal in its applica-
ton to private employers throughout
the United States Many States have
also enacted laws putting this prin-
ciple into effect as it applies to State
employment.
The State of Arizona, however, has
no provisions of law to compensate
it's employees who are injured while
in its employment In addition to
this, the State does not recognize any
liability to a workman for personal
injuries sustained by him while im it's
employ.
Paragraph 1871 of the Civil Code
provides that the State may be sued
for negligence, although this statute
does not fix any liability upon the
State to answer in damages. Such
has been the holding of the Supreme
Court of Arizona in the case of State
versus Sharp, and subsequent cases.
[ recommend that Section 1871 of
the Civil Code be amended to provide
that the State shall recognize its liza
bility to an injured workman, and
compensate him for damages growing
out of personal injuries sustained
while in the employ of the State, and
that such responsibility shall also ex-
tend to the heirs-at-law of any work
man who may be killed as result of
such employment.
Code Revision
The laws of Arizona are now print
ed in the civil and penal codes adopt
ed in 1928. To these laws many
amendments have been made, as set
out in the session laws of 1915, 1917,
1918, 1919, 1921 and 1922.
Many conflicting provisions are to
be found, together with much loose
and indefinite language. Many of
these laws have been declared uncon-
stitutional by the courts. The statu-
tes are encountered in such manner
as to create confusion, cause uncer-
tainties and obstruct justice. Attor-
neys complain Of the inadequacy of
the indexing.
At this time it would seem to be
both wisdom and economy to provide
for revision of the State codes.
l therefore recommend that the Le-
gislature investigate this subject and
provide method for having this work
done in comprehensive and adequate
manner at a minimum cost.
Election Laws.
The direct primary method of nomi-
mating candidates for office has prov
en- to be best adapted to meet condi-
tiOns in a democracy The Arizona
direct primary law is defective in that
it permits adherents of minority
party to register and vote in the pri-
mary of a majority party for motives