The weekly Arizona miner., 1869-01-16

tfa lWI ENnffnllHts iIl~ us ~ifNNIf W NftlNN N'fl cNtending Co all rIghtil subjects oi lcgslat,on consistent with the Constitution Of the Unitcd ouies and with Che provisions of Inc Organic Aci. This legislative power, thus conferred in general terms, would warrant a large discretion as Co Che means and measures of legislative action if nngr- strained by other provisions of the Organic Law, tO which. however, thls general power is csrcci- ally subjected. By tue hnh section Oi the Organic Act, the Governor Is specially authorized Co sr' iu operation thc popular branch ot Che legislative power. and, to that end, cause census Co be tn- ken, and prescribe tho eapporlionment of members and tne time, place and manner Of their election for the lrsi C0ucil, and with this hrst Council, for any such pgrpose, hls powers terminate and end, ior the Organic law goes on and provides in thesc words Hut thereafter. uhat s after the first councin the lime, piaCu and manner oi hold ing and conducting nN elcctioas by .he people and Che spportunmeDt Of thr representatives Of the several counties Co The Council and House &C., cording Co thc population, shall he prescribed ty law" or the force and ciirci ot these provisions there can hc no douht or that lac entire Pa@srs Of the Governor were executed and exhausted. as Co prescribing either Inc apppriioumvnt or the tlme, place and manner of rlccting members Go the Legislature, when the hrsi Legislature vas got ogethcr, nor c0n ii tc dOghtcd that any fu. ture hafy. purpOriln- ,e D. a Le.!z.IteFg 0. i..s Territory, the apporti0umcri Of which, or the time, manner and place Of election 0f which should be prescribed by thc Governor, would be a wholly unauthorized and Illegal body and desil
 
 necessary 70 advert Co tae policy, wei uDi- form practice of ail free governments, Co make and maintain tha popular branch uf the icgisln- tive power independent of Executive control and beyond the reaeh Of ihosc inhucuces an Executive might exert. f exercislng the power Of prcscrib- ing either the appofuonmeni nr the time. place or manner of eleciing popular representatives No stnte or nation with any preiensi0us Co free dom or free institutions has ever long tolerated such practice aud the Brifish Croun ln peflo,ls ff4 Viffa4t f.s such prcro<,iiyo in tAe composition 0f ihe poo niar branch of Us Farlgmeuf, aimee thst body even prctendcd to freedom To yins of ihuse principles, Congress. evidentiy, shaped Che pro visiOns of the Organic by speedily authorizing the Governor ai Che outset, and sor tle puFpss- ot setting fhc machine 0f Government in tnosipn to PfvscTibe thc appOrtionucnt gf tncraters ana lhe titiie nlte~ aud manner pf thsiF eieclira ass the Best Legislature, and, thereafter, f1rbllsiiug thc use ol any such power. hy spacitily nfotidinE tcat ail such things should bo prescribed hy law The couati0us pFccedcut Go tAc p1ssihie rzistgncc of any Lrrisialire Assemtfy under ibr Orssnir law oi ihc Territory ary' thai tle uIcmtrs iarrs. ot shoald pc appoftseucd and Inc timn. plaee au4 manner of thclg elecilon be pr,7-rtifsi hy is~fai authority. Either uf fncse c1ndiilons precedent ialng, L. Co ssy, lt tc members of lhe Leg lsiatife Aszssslhy Ees srfsTtiss5its s cirrtri Ai @ time and place aud in a msnG~r pFcscrt.ea by lawful authority, as preseFitvd to ghv Ossause las such body is snt "a Legislative Assembly or tic Territory, aed has no legislative poser wsaas are the facis, as exhitliea ty fhc rgcofd, an3sr eon-idcFAiionf Ttey ere thai the apgs0Tti0uaani uf the members of the Third Legislative Assesn tiT fi1E tina year lssl WAs urcsertisa aaA ssasls ag tlc SoFcrucr. heFu fhcrc ts fnsuif.st con. aici between thu apportoup-nt ln issf and the requirements 0i tlfs DrEnuic aa Hat tlis record tarthef shows that ths Govgrnaf ia prr-criiang this appUriioumsut acted under color of whai Purports 70 be sn aei oi the First Legislative As- seinuiy Of tne letA 0f Novrmbgr 1854 authorix- tug the Governor 70 prescribe, by proclsmaiion, the apportloument of members of ihe Legislative asscmb.ics after ihg first Here is a ulaoif,st con nict Nith ihs Organic law. which expressly Fe- Qgfes that all app0rsiouncnfs alier the fTa, snail ho prescribed by law. il s worthy uf note. 10 thls connection, thsi the legislative authority oi the Territory. consisting of the Governor and Legislative Assembly, composing thr first Le-is. latare, were not uumindfui Of tte ofee aud effect oi Inc provisions of Che Organic lnw requiring that alier the Bret Legislature, thc apposfipnucni oi members for any sui segurnt one should hs prescribed by law, for hy see ia cha;, IA of ths Howell Code, entitled '-Of ihs Legislas,srs.~ ths apportiOuinent Of members for thc next or seeond Le-isiataFv is prescribed by that law and tha same is therein 4rcaarrd Co be the eappor.ionment if'iis different should bc nads agrceabIy Cd Law bas thc isth sec. of t8r same chapter is fhs aes above referred Co that purports Co authorize tne Governor Co make the apporii0nment, altb0a.t ihe Organic law requires ii should hc prescribed by law, as provided Cor ln said I5th section afseg the Second Leglslafive As.-aas.ls .hls ts.A ser ,
 scriblng the npnoftlnnsaeat Q. that i.s-.isfsfuI and al future ones, until new apportionmeul should he made according 10 law. seems 70 bats tesJ wholly disrccarded both hy tbe Goveynol and subsequent Leglslat0rs fn she composition Of subsequent Legislative Assembliess aithough stil unrepealed and 10 faii force This anonalou. chapter secEss t5 haze provided those twC methods Of aPportionment-tbe one by'is~. .s re quited by tse rgAnlc eel, the other hy Executive acton. forbidden by that act The latter eoar.s seems Co have been selected aud acted upon Thi, legislative action is manItest attempt on fhe paft of the legislature 0 delegate obvious general ieg
 islaise power that ef appostion4nz the mefnher. c
 its own body. o the Executive and that too agains
 the exprss provisions sf tse Orgaasa act rsagsri tHi- particular duty Co De d8ue by the law. jnl power if tbis can be done. then every ieass.a
 Eve ianeton may ec delegated and the whole re sponsiee framc work oi the government changed But it cannot he thns done Such course is upor every principle of sound law foihidSsn A. moi abj,
 against firmly established legal mAxim that deieoa
 "a Pfofesfason Profesf aeiegare tst also the posty requirements Df the Organic law There princ.ule,
 are Illustrated and enforced by the following case | from among many 0thers BagtOw ys Himrnd d i.
 Selden Rep. ss3 Thorn Va Crsmes IS Barbef Rep IF. heardsly ys Baxter IS Barber, 22 Car | ming vs Green zz Barber 30 & 50 Col Rep lIs
 iR tas ss EaFas Fs it.sssFs st frs.fF..s to t | Court Of Appeals In New York held the act estsb
 fishing free schools throughout the State uneon.,i
 tutionai and yVid For Che that the fact of |,
 becoming law was made to depend on inc r.sui, a popular vote. The Court n e, opinion in Ina
 case, say Laws must be enartsd hy the Icgi.lativ body Co which tse legislative power i- committed b
 the consultation They cannot diysst thcsaseres .
 the responsibility oi their enaetments by A reference
 oi The question otser passage to their constituents | the people. The objections say the Court to tht
 mode of iegizlat0a is that the legislative dscreto | is power which they bound o exercise them
 selves @nd which they cannot deiegats or comrsanl .at 10 any other man or men tO exercise .-- the
 have no authority to refer such a aue.tion t
 the whole people than Co an ind yidual The DeoDl
 are sovereign but tqer sovereignty must be exercises | m the mode which they have pointed out in thei
 constltntlon forttoss in the the case under con
 slaef.ton the legislative authority of Arizonl