The Weekly Arizonian., 1869-07-24

plain for argument-a statement Ol the Idcts
 is sufficient,
 With regard to your second inquiry will
 say that had arrived here in time 1 should
 have certainly issued proclamation calling an election, as provided by law; to have pursued
 any other course upon the ground that the law
 was illegal, before the highest courts of the
 country had decided the question, would have
 been a plain usurpation of judicial power which the Executive has no right to encroach upon ;;
 but, on the contrary, it is made his duty, by the organic law of the Territory, "to take care that
 the laws be faithfully executed"
 believe the people ought to have the privi
 lege of changing their public servants as often,
 certainly, as they express desire by their laws,
 passed by their representatives in the Legis-
 lature. Acting upon this conviction l should
 call special election, but find from care-
 fol examination that the Governor has no power to call special election except to fill vacancies in the Legislature and Delegate to Congress. l deem it useless to call a special election for the purpose of electing only mem bers of the Legislature, for the reason that Congress has made no appropriation to defray the expenses of holding session this year Congress has enacted that, hereafter, sessions ofthe Legislature in the several Territories shall be biennial and it was the evident expectation that no session would be held in any of the Territories this year, except Wyoming. That Territory being but recently organized Con- gress made an appropriation for session there
 The question is now narrowed down to the time when the term ofthe various County and Precinct officers expire and what course can be pursued to fill the offices.
 There has been so many changes in the statutes of the Territory as to to the time fixed for the expiration and commencement of the terms of office, of the various County and Pre- cinct officers, that it requires careful exam nation and comparison to ascertain definitely l how the matter stands. By reference to the statutes of 1866, page A, entitled "An Act amendatory of chapter twenty-four Howell Code, Of General and Special Elections: :" Chapter 24, Sec l, of said code, isamerded SO as 0 provide that the election shall be held on the { irst Wednesday cf June in each year instead It 't the first Wednesday of September, and sec- Ion Si&'7-seVen o1saId chapter IS amended and : provides that the term of all officers elected < inder the provisions of this chapter shall ex- a 'lre on the last day of June instead of Noyem- | CT; and the term of all officers elected under c nch provisions, except Delegate in Congress- Sl n hall commence on the first day of July instead December.
 The Statutes ofI867, page 3I, "An Act De, nlng the Qualification of Officers elected at 1y General Selection in the Counties of the II errltory, and legalizing the acts of the Off, ITS holding over in the Counties of Yayapai n una and Mohave, since the first day of July, Id until the first day ofDecember :" Section ha Of said act, provides "that the term of office fol all county officers hereafter to be elected tio S, a tuH term, at any general election, shall thu mmence on the first day of December next M, m er such general elections" It is evidently es intention of the law, as it now stands that sht term of all County and Precinct officers ls iss Ill expire ca the last day of November after n general election. It is not in accordance h the policy of onr government that offices - III Verbecome vacant, and am not clear bn. s the failure to call an election this year B lid entltle the incumbents to hold until tbe;r cesSors are elected and qualified. But. to Id all danger ofdispute and conflict. I would vu, iSe the Boards of county Supervisors of the -a ous counties, to fill their board by the ointment, If possible, of the retiring mem- -
 and then appoint the present incumbents le various County and Precinct officers will make the matter sure. Two of tbe N l0erS of the Board of Supervisors hold over have Q quorum IS competent to transact busi- HIN hence there is no question with regard Ar GIT power. If the County and Precinct - ITS can hold over until their successors ars ed and qualified, then their appointment M e Board can do no harm. Upon the other 5Nt! M Ii 1t should be determined that their der t al career ceases on the last dayof Novem. Al All O' men the appointment by the Board con- them legally in office,
 the recommendations I have made in Aria 9F to your letter of inquiry, I have been 8