The weekly Arizona miner., 1868-12-12

This Is a proceeding in the nature of Quo WarTaHto against the Respondent, Oscar Bucka- lew, Recorder Of the County of Pima. Like proceedings of this nature at Common Law its effect aud operation is to try the legal right Ot the Respondent Co the office in question. The reuu- lations of the Code touching this remedy affect only The practice, the mode Of proceeding gsEes the complaint in the nature Of an information
 and the answer instead of the information and subsequent pleading, as at Common Law, leaving ;he law of the to he settled by the same rules 70 right as before the change Of remedy. The only material change therefore affected by the Code Is simply asio the remedy. The mode of pro- ceeding giving the complaint, which Is in the na- ture of an information, but differing from that in setting out the whole case Of tbe Relator, 10 be met by the answer of. the Respondent in the ua- ture of plea, admitting, denying or avoiding the matter set out In the complaint, instead of, under the practice al Common Law making the full case by the replication and rejoinder. The issue Is now made by the complaint and the an- swer the force and effect of which arc to be set tied and determined by the rules prescribed by the Code. The ease was brought on to hearing on the complaint and answer, without any testimony on either eide. The case, therefore, for the deci
 sion of the Court, arises upon the record and the law and facts therein exhibited by the pleadings
 The information sets forth that, hy the Organic Act of the Territory, the First Legislative Assem-
 bly was, on a census to be taken by the Governor
 to be apportiOncd by him. and 10 be elected at such time and place, and in such manner as should be by hiTn prescribed, but that, thereafter, the time, place and manner of holding and conduct ing all elections by the people, well the ap- portionment of the Representative in the Legis
 lature, among the several counties and districts
 should be prescribed by law. The complaint fur iher sets forth thatthe First Legislative Assembly of the Territory, by An Act, approved November 10, 1884, purported to delegate to the Governor the power to apportion the members of the Legis- lature among the several counties which, by the Organic Law aforesaid, was, after the First Legis- lature, to be prescribed by law; that said legsla- tive act Is in direct violation of said Organic Law of the Territory, and, therefore, void. The com plaint further sets forth and that the Cover nor, under color and by virtue Of the authority purported 10 be delegated to him, as aforesaid, by the said pretended Act or the 10th Of Noysm- Der, 1884, aLd in violation of the Organic Law aforesaid, did, by his proclamation Of the 9th of July ls66, purport to make an apportionment Of the members the Legislature, among the several counties of the Territory, as follows (viz): To Pima county 8 members of the Council and , members of the House; 10 Yuma county, mem Der Of the Council and members of the House
 to Mohaye county, member ot the Council and member of the House; to Pah- te county, member of the Council and i member of tho House, and, to Yayapai county 3 members of tn, Council and members Of the House. The saiC complaint further sets forth and ayers that th, said several counties of the Territory, in accord ance with the apportionment above set forth, did elect the members of the Legislative Assembly O the Territory, making and composing what ii called and designated the Third Legislative As sembly of the Territory" which said Legislaty, Assembly was convened on the 3d day Of October 1s6G that among the Acts purpOrting 10 be passed by said Legislative Assembly wns An Act amend atory of Chapter 24 of the Howell Code, entitled "Of General Elections" changing the time O holding said general elections from the first Wed nesday in September, in each year, to the frs Wednesday in June in each year. The complain further forth and ayers that the said Respond cut, Oscar Buekalew holds his office Of Recorder Of the County ot Pima, and exercises the functions thereof, under the color of and by virtue Of hii pretended election to said office, at an alleged election hsd On the first Wednesday of June 1867 that said general election held On the said first Wed nesday Of June, 1867, was without warrant or au thority Of law, and In violation of the Organic Ac Of the Territory, and, therefore, null and void Ths infoEmatioR then prays judgment Of remoya against ,he said Respondent, as exercising th, functions of Recorder without authority of law.
 The Respondent, by his answer to the complain and it's ayerments, above set forth, sets up tha q. H. Oury, who prosecuted in behalf of the Ter rtory, is not legally Attorney Genera. or Distrlc Attorney for the County Of Pima, but that he file gally holds and exercises the functions of said of flee; all of which Is set up in the most genera terms. This part of the answer, on motion of ths RelatOr. stricken out as impeFtirent and frivolous, and raising no issue of law fact tbs could be tried in this case. The residue Of fh, Respondents answer denies in the most genera terms, that he holds exercises the office of Re coFder Illegally and, in like general terms, aver, that he holds ard exercises the functions Of said office by virtue of the laws Of the Territory, but Hibbout setting out how ayers that be was elected