The Weekly Arizonian., 1869-07-24

TUcsoN, July 22, 1869.
 Hon John B. Allen
 ! S;R:-
 am in receipt of your letter of this date
 and, in reply, would say that I have examined
 the decisions of Judge Backus, referred to.
 The merits of the question involved in the de-
 cison are these: The Organic law of the 1 Territory provides for apportioning the repres-
 entation in the several counties, or districts, to the Council and House of Representatives, in ! the following words:
 And the persons thus elected to the Legis- lative Assembly, shall me, at such place and
 on such day as the Governor may appoint; but
 thereafter, the tine, place and manner of hold
 ing and conduct ctiDg alI elections, by the peo- pie, and the appOrtioning the representation in
 the several counties or districts to the Council and House o{ Representatives according to
 population, shall be prescribed by law
 The Legislature of 1866 provides for the
 apportionment of the members of the Legis- latur e, in the following words:
 Members ofthe Legislature shall be elected be GaffS raccQEdyRdf cQf5yd98 the aRReFm5Sgmeq 9 Council shall in al eases be elected for two years"
 The Judge, in the decision referred to, de- clded that the manner of making the apportion ment was illegal for the reason that the Legislature had no right to delegate the power 1 Eo the Governor to make the apportionment that the Legislature that assembled in purso- ince O fsaid apportionment was an illegal body, and that all legislative acts since that time are legal and void,
 The decision of Judge Backus is entitled to he same respect as that of any other judicial 'flcer, but his decisions can only effect the arties to the suit that was tried before him, and obody else. It would have the same force nd effect as decision ofa Justice the Peace z l case that was legally before him, and no . lore. Either could determine the rights of the . arties in the suits before him, for the time Il elng and that is all either could do. ,I The people, through their representatives, oI lact certain laws; these laws must be enforced Q, Id obeyed until declared illegal and void by ', ghest courts of the country, or annuIed or ., nended by the Legislature or Congress. + will be plain that no other course can be r rsued without resulting in ruin or anarchy. ,,, upon the mere opinion of distric. Judge. or stlce of the Peace, or other judicial officer, ed ars of Legislation could be plotted from the vo tutes, the lives and security Of the people an uld hang upon very slender thread indeed. be ch an interpretation in the present case of lld at once leave us without county officers Tn oughout the Territory; all the acts ofsaid ma cers would have been usurpaiions, conse- ar, .ntly void; all criminals under indictment. ro, hat have been convicted, would be imme- ,o ,eiy turned loose. The Judge who made ofi le decisions Was holding court in pursuance sfe nese illegal laws Gf they were illegal as hr med by him } many of his decisions were han 'ted by amendments to the civil and off, 'ina! practise made by the same illegal bo, es. The Sheriff whom he directed to e1- tinn e his mandates, even to the extent of talk l. he life of felloT-being, had no legal ans,