The Weekly Arizonian., 1870-01-08
Weightr and na1asurea, the status of foreign

e! ihe United States, may be cited az exanpis' of this state of legislation.
 The grants of power to the legislatures o the States by their respective Constitutions are, in their terms absolute and exclusive And yet, these State legislatures have created several thousand counties, districts, and par isher, and endowed tLem with we'll defined legislative epowers-sspeciallyov over costly bridg- ss and other publiS, ,edifccs, the construction ! of pubic highways, risxes and taxation. Nor has this been done without reason or expe- diency for what central sody is so competent to legisiate npon these local subjects as those who were oOrn upon the streams to be 5ridged, or the sites of roads to be made, and have traversed them all thair lives Or who so com petent to legislste on the subject of taxes and | taxation, as those who thus know the taxable capacity of each citizen by proximity and personal knowledge
 These same legislatures have established many thousands of townships and towns and endowed them with clearly defined traces of legislative power-s>p >pecially over highways This illustration might be continued by ret- ereuce 10 cities and other municipal organizl- tions which are ere ted and maintained uy tno State legislatures, with well defined powers of local legis@tiou upon such subjects as the pub lie health, police, streets, hiahsaya public and private edifceE. etc, etc.
 The conclusion, therefore, is that the learned Judges opinion, above cited, is without foor- datiou in reeson or in fact md must be so treated in the disposition cfhis case.
 Even if'he egslatpre of Arizona had conn mittei to it's Governor power purely logisla;- i've, but not improper in other respects. the foregoing examples show that it's exercise would not have been vaid. The nero appos- tionment of the nsu.bers Of the .egit,a.ars ,. as already stated, iu 20 co4ce.yable sense a legislative power i, Is no more 50 thar adding coums of taxes, or calculating the inter;st CT discount on nota or draft or estimating he snlcry ofa public officer under the statute, CT polling the jury upon he panel ogany other SliI p'S di 1IlI uit tt~dt ijiOEchS,
 A legislative power may be illustrated by q simple description otlts exercise It is me;s. Y an act of the legislature, commanding CT prohibiting some deed, with penalty or dsm age for the violation of this command on pro hibition, and with directions how and by whom this act is to be adiudicated and executed , ever must be left to the judiciary and tie ex- ecutive, with all their getty calculations ard details. These are no business of the legisla- ture.
 Such was the aPPorlionmeDt cf he p,sm bcrs of ihe legislature Of Arzona under lhe act of 10th Nov, 1864. Nc exception js mads to the details of ths performance oG this duty That legislature did nothing nore or lcss than it's duty in prescribing the sppor,ion.ug of the members and the time, place and msDn.r O. holding and conducting the election, lO1s anic Law of New Mexico, Sac. 5, Stats at Large, vol g. p. 448)
 Nothing else is made the subjec; of excer- ton. in this allegation, The legislative action was therefore valid and cannot now be success. fully questioned.
 Il Finally, it may not be improper to add, in reference to this branch of the case, that inc Secretary of the Interior, not Congress, ap- portions the representatives at each deceuniaI change, and eertifea the same to the House oi Representatives and the Executives of the res. psctivo States, (act, May B, 1850, sec. 24 Stats at Large, vol. K, D. 432l
 Probably it may never have been dreamed cutsids os Arizona, that this was a fragrant derelcition of duty by Congress, in turning over to our Executive Department duty es, sentiany legislative,
 The injunction in question can therefore receive no support from this allegation. The next allegation of the affidavit for the issue of the injunction is that the prslsrdsd legislature of June 3, 1868. a'iowsd and per- mit,sd non-reaidents of the Territory, two in number, to occupy seats as members" Tins allegation was eiaborstei by ths lesrned q Judge who issued the injunction in the present case, in his opinion in that of McCafry gs oWy. with tho conclusion that the legislature