The Winslow mail., 1925-09-01
SPORTSMENO OF
ARIZONA UP In
THE AIR OVER
SENATE BILL Il
Continued from Page One.)

Section 4. ANY person VINO
hunts, kills, or takes in any man
ner, game animals, birds or fish
in violation of this act shall, upon
conviction therefore, be deemed
guilty of a misdemeanOr, and be
punished by Imprisonment in the
county Jail for not less than thirty
days nor more than six months.
Section 5, When this act shall
be approved by a majority of each
house of the legislature and enter
ed on the respective Journals there
of, together with the Ayes and
Nays thereon, the Secretary of
State shall submit such act to the
vote of the people at the next gen
era1 election to be held on the
first Tuesday after the first Mon
day in November of the year 1925.
Passed the House February II,
1925.
Passed the Senate February 10,
1925.
Approved by the Governor Feb
ruary 1S, 1925.
Filled in the office of the Sec
retary of State February Is, 1925.
An attempt has been made to Sc
cure an injunction to prohibit
Secretary of State Kirby from put
ting the measure on the special
election ballot on the grounds that
the constitution does not provide
for voting on initiated or referred
measures except at general cleo
tions. The state game association
has been aided by the Winslow
organization in petitioning for such
an injunction.
The submission of the game code
measure, is declared by the petition
to be proposed without the author
ity of the constitution. All such
measures are to be presented only
at reular general elections.
In support of this contention, the
following, Article 4, section 1, sub
section 10 is set out:
when any initiative or referred
petition or any measure referred to
the people by the legislature shall
be filed, in accordance with this sec
tion with the secretary of state, he
shall cause to be printed on the Off
cial ballot. at the next regular gen.
eral election the title and number
of said measure, together with the
words Yes and No in such man
ner that the electors may express
at the polls their approval or dis
approval of the measure"
The petition recites the various
acts of the legislature leading up 10
the authorization for placing Sen
ate Bill 21 on the official ballot.
There were several measures that
were required to be submitted to
the people They were all, except
Senate Bill Fl, proposed amend
ments to the constitution, all of
which under the constitution could
have been submitted at either
general or special election. Sen
ate Bill 21 was a preliminary step
toward the repeal of the present
game code, which had been enacted
by the people and could be repeal
ed only by the authorization of the
people.
But Senate Bill Fl did not proceed
toward the special election under
its own steam, for section of the
bill provides: when this act shall
be approved by majority of each
house of the legislature and entered
on the respective journals thereof,
together with the Ayes and Nays
thereon, the secretary of state shall
submit such act to the vote of the
people at the next general election
to be held on the first Tuesday after
the first Monday in November Of
the year 1926"
Thus at the time of the passage
of the bill there was no thought of
its submission at a special election
nor after that, until the passage of
House Bill 225 calling for a special
election for the submission of other
measures which had been passed in
the meantime requiring amend
ments to the constitution, among
them the workmen's compensation
act.
Under what authority it was pro-
posed to include Senate Bill 81
among these measures the COM
plant does not state, but it declares
that Secretary of State Kerby and
the other defendants in violation
of the constitution are proceeding
to have printed the title and num-
Der of this bill on the official bal
lot for the special election.
1t is therefore prayed that the
defendants be enjoined from plac-
ing this bill on the official ballot
to be used at the special election,
from counting the votes that may
be cast thereon, or from canvass
ing the result or declaring the re-
suit thereof or from issuing any
certificates of any nature whatever
of the result of the election as to
Senate Bill 21
1t is stated in the complaint that
''the question presented in this
complaint is of common interest 10
all citizens, electors and the tax
payers Of the state of Arizona and
affects the sovereignty, franchise
and prerogatives of the state, and
the attorney general has been re
quested to institute and prosecute
this action, but has failed, neglect
ed and refused and now refuses to
do So"
F. L. Tabor, of Winslow, some
weeks ago took UP with Harry L