The weekly Arizona miner., 1868-12-12

NA. vs. Woodward, 4th Wheat B3 Corporate acts must not only be authorized by the charter, but those acts must bc done by such officers or agents
 and in such manner as the charter authorizes Bank of Augusta vs. Earl, l3 Peters Ikep., 5s'. Chief Justice Marshall, In his elaborate opinion,
 delivered tn inc case of Dartmouth College Vs.
 Woodward. above referred to. defines corpora
 iion "an artificial. invisible and intanglble De-
 ing, existing only tn contemplation or ia",
 possesses only those powers and properties which
 the law of is creation couiers upon It. either eN'
 pre.sly or as incidental to its very existence
 These general principles arc so well settled and
 established, both upon principle and authority as
 rules of action for both private and municipal
 corporations, that they have become, almost legal
 axioms. Keeping these principles Tn view, we
 shall be better enabled to consider the main qucs
 ton now under consideration.
 By the fifth section Of the Organic Act the leg
 slatiye power and authority is vested in the GOV
 crnor and Legislative Assembly. This arrange
 ment of the legislative power, making the Cover
 nor, the creature of and the mere agent ot the
 General Government, an integral part Oi the egis-
 lative authority, and giving him dominating ln-
 Guence over the popular branch, exhibits more clearly the true legal condition Of 1crritoral
 government destitute Of political sovereignty, and altogether subordinate to the National soV- ereiguty-a mere creature Of national legislation by not only suhiecting its legislation 10 the un- controlled discretion of the Governor, the agent nnd representative of the Federal Government,
 but suheciing all the acts Of the entire legislative
 power of the Territory Co the uncontrolled discre- ] tpn Of Congress, to be nnuuiied by the simple | dissent Of that body. Again, the true character | and subordinate condition of the legislative au ] hority of Territory Is shown and enforced hy
 the fact that, by the Organic Law, the Legislative
 power is not, as in the case of the National Lexis
 lature and the Legislatures Of the several States, | endowed with the capacity finally to decide upon | and determine as to the qualification and return ! of its own members This question, like every | thing else in the composition of a subordinate .f.st- ! validity, on a conformity or non-coniormiiy 10 the law creating the same, to be adjudged by the Judicial power Of the Government Ky the scv- ! euth section of the Organic Act, the legislative power of the Territory SO composed, subordina.
 ted and controlled has it's sphere of action defined
 extending all rightful subjects Of legslation ] consistent with the Constitution of the United
 States and with the provisions Of the Organic Act
 This legislative power, thus conferred in general terms, would warrant large discretion aS 10 the
 means and measures of legislative action, 1T unre
 strained by other provisions of the Organic Law,
 Co which, however, this general power Is esreei'
 ally subjected. By the fifth section of ihe Organic
 Act. the Governor is specially authorized tn set in
 operation the popular branch of the legislative
 power, and, to that end, cause census 10 be ta-
 ken, and prescribe the apportionment of members and the time, place and manner of their election
 for the first COucil and with this first Council for any such purpose, his powers terminate and l end for the Organic law goes on and provides iu
 these words But, thereafter, (tbat Is after th,
 first councill the time, place and manner oi hold ing and conducting all elections by the people and the appOrtionment of the representatives o the several counties 10 the Council and House ac eordiug to the population. shall be prescribed hy law" or the force and effect of these provisions , there can be no doubt. that the entire po-eF' of the Governor were executed and exhausted, a' to prescribing either the apportiOnment or th'
 time, place and manner Of elccting members tS the Legislature when the h-st Legislature wa got together; nor cah it be doubted that any flu ! ture body purporting to be a Legislature Of th' ' Territory, the apportionment Of which, or tn ' time manner and place of election Of whicl , should be prescribed by the Governor, would b U a wholly unauthorized and Illegal body and desi 1 tute of any Legislative power whatever. IL is un necessary Co advert Co the policy, as well as un '- form practice of all free governments, 10 mak ' and maintain the popular branch Of the legisla Y tive power independent of Executive control an beyond the reach of those influences an Executiy might exert, If exercising the power of prescrit C ing either the appotonment or the time, plac 4 or manner Of eleding popular representative ' No State or nation with any pretensions Co ire' ' dom or free institutions has ever long tolerate u such practice, aEd the British Crown in period II Of it's widest usufpations, never dared 10 asset v such prerogatys in the composition Of the poI V ular branch Of iti Parliament, since that bod y even pTetended to freedom. In view of thes > principles, Congress evidently, shaped the pro l visions of the Organic act by specially authorizin o the Governor at the outset, and for the purpo' 'i of setting the machine of Government in motiol |" 10 prescribe the Pportionmeut Of members, an - the time, place ani manner of their election, f' ? the first Legislature, and, thereafter, forbddn ls the use of any suCh power, by specially provdn u that all such things should be prescribed by la' n The conditions precedent to ihe possible eNisteni [. of any Legislative Assembly under the Organ 'i law of the Territory are that the members thcr ,e of should be apBorlioned and the time place ar " manner of their election he prescribed by awf le authority. Either of these conditions precede failing,-that Is D say. fl the members of the Le Is islatve Assembly are not apportioned or eleet' 's at time and place and in a manner prescribed oI lawful authority prescribed in the Organic la' " such body Is nos A Legislative Assembly of Il 'u Territory, and lns no legislative power. Wh '. are the facts, as exhibited by the record, und VI consideration. They are that the apportionme v, Uf the members of the Third Legislative Asset ,,i Al bly, (for the year lsG6) prescribed and maC i by the Governor. Here there Is manifest co 1e fiiet between tie apportionment in fact and Il u requirements the Organic law. But the reco' - further shows .hat the Governor, in prescriblr " this apportionnent, acted under color or ~h ~ purports to be net of the First Legislative sn semby ef the 10th of November, ls64, authori l i Ing the Governor 10 prescribe, by proclamation a' the appOrtionment of members Of the Legtslati' TT assemblies after the first. Here is a manifest col ~ tict with ihe Organic law, which expressly r v quires that all appOrtonments after the first, sha 2 be prescribed by law. It Is worthy of note oi this connection that the legislative authority :. the Territory, consisting of the Governor au i' Legislative Assembly, composing the first Legi le lature, not unmiDdful of the force and eie es of the provisions of the Organic law requriI v, that after the first Legislature the apportionme m . of members for any SUI sequent one should 1l prescribed by law for by sec IS, chap IA, Of Il V. Howell Code, entitled .sOf the Legislature" q " apportionment of members for the next or secoi nc Legislature Is prescribed by that law, and q : same is therein declared 10 be the appor,iOnmeI eI until a different one should be made agreeably ie law. but the 18th sec of the same chapter Is q
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