The Winslow mail., 1925-09-01

PIOpICt anu " Pl w AdO q bIl1Cl CAlL
fish and game law for the state Of
Arizona. However, this bill, being
referendum measure must be
submitted to the people of the state
of Arizona at the next general cleo
ton, before it will become a law
depending on whether or not it re-
ceiyes majority of votes cast at
said election. The present fish and
game law, having become law by
the vote of the people, cannot be
repealed by legislative enactment,
and can only be repealed in the
manner in which it became a law,
namely: By the approval of the
people at the next general election.
This being the situation our pres
ent fish and game law, passed by
the vote Of the people at the 1916
election, is still in full force and
effect and cannot be repealed un-
til the referendum measure passed
by the last legislature is submitted
to the people at the next general
election, to be held on the first
Tuesday after the first Monday in
November, 1926 This measure will
not be voted upon the special cleo
tion which has been called for Sep
tember 20, 1926.
81 wish to call your attention
further to section of the bill pass
ed by the last legislature which
provides that the legislature of
the state of Arizona is hereby di-
rected to enact a fish and game
code" Therefore, if at the next
general election this bill, passed by
the last legislature is approved by
a majority of the votes cast by the
people at the next general election,
under section 3 of this bill, there
will be an opportunity to expend
a large sum of money in the enact
ment in a fish and game code.
From your conversation with me
over the telephone it is your desire
to prevent the expending of a large
sum of money for a fish and game
code.
"Since our present fish and game
law then cannot be repealed until
the next general election, it would
seem to me that the most efficient
way to get the result that you de-
sire is to defeat the referendum
measure passed by the last legis-
lature at the poles at the next
general election This would mean
that our present fish and game
law would remain unchanged un-
til some further effort was made
to repeal or modify it. AS l have
said before, since our present fish
and game law became a. law by
the vote Of the people at the gen
eraI election on November 7, 1915,
it can only be repealed in similar
manner, namely: By the vote of
the people at the next general
election, or some other general
election"
The Arizona Republican in an
editorial on the subject a few days
ago said:
"The constitution, it rs true, does
not expressly prohibit such a sub
mission (of Senate Bill 21.) 1t
only provides that
When any initiative or referr-
ed petition or any measure referred
to the people by the legislature
shall be filed, in accordance with
this section with the secretary of
state, he shall cause to be printed
on the official ballot at the next
regular general election the title
and number of said measure, to-
gether with the words yes" and
mo" in such manner that the cleo
tors may express at the polls their
approval or disapproyal of the
Article XXI. Mode of Amending.
elsewhere in the constitution,
it is provided that the legislature
may call a special election for the
submission of a constitutional
amendment, but nowhere is there
authorization for the submission of
any other measure at such an cleo
ton.
'In the statutes, section 1928, the
language of the constitutional pro-
vision above quoted is followed ex-
cept for a single change. After
the word measure in the second
line and before the word referred
in the same line there are inserted
the words or amendment to the
constitution so that paragraph
would seem to give no authority
for the submission of even con-
, stitutional amendment at special
election. But, of course, the con-
l'stitution itself governs, and takes
care of that in Article XXI, which
permits the legislature to order a
special election for the purpose of
submitting constitutional amend
ments
| The question of the right of the
secretary of state and the boards
of supervisors to cause this meas
ure to be printed on the official
! ballot, likely cannot be determined
| before that act will be performed,
but it will be settled, we suppose,
in time to determine whether. the
proceedings at the election with
reference to this measure are void. .
| Members of the legislature claim
| that that body attempted to give
the sportsmen relief from the old
law, and to prepare the way, by
Senate Bill 81, for sthe passage OF
a satisfactory code. The game as
sociations asked for the repeal OF