The Weekly Arizonian., 1870-01-01

notwithstanding SppeaIa te shO" uO"' -
 what amount the salary or emoluments referred
 to were increased; and the fullest rxsminah0n
 of which the subject was susceptible tends to i ,bs conclusion ;ha, both ths salary and emoiu-
 men,s were diminished by the law complained
 of
 Th, allegation must therefore be regarded
 a, wholly insufficient to sustain this iujnnc~
 tioD
 Thu relatOrs third allegation is that the
 ,aid defendant has by net If the some Isgisla-
 ture of which he was member approved Nov
 To- 1864 made one of the Board of Territorial
 Auditors and assume to exercise the func- tions of ths last two mentioned offices, in de6- ance of all laR and justice, aud in plain and palpabls violation of the organic law of the Territory of Arizona.
 Precisely the same seriss of facts and the same deductions apply to the office of Auditor that have already been applied to the office of Attorney-General; and with the same cOnclu- sion, that the act last referred to, neither ere ated an office nor increased the salary or em Ouments of an existing one.
 1t may be added in the absence ofAil sho owing, that thers exists no such incongruity between the offices ia question as renders 1t Illegal or impoltic for them to exist In the same person st the same time.
 This allegation therefore cannot sustain the iciunclion
 The fourth allegation of the relstors af1idaVit ;s that he so~ealIed legislature had no legal existence because its members Were illegally apporloned by the Governor, ami elected on a day unknown 10 the iaw, to wit the 3 day oi June 1867
 This seems to be presented as an undeniRble assumption, ami neither facts 10. aw are ad- duesd by he record, nlr argument 90 support It.
 This allegation seems to be the principal 1 reliance of he rslas1r to susG ain his cass Il | was also the burshen ofthe case of The Terri tory Of fArzont ys. BuckaIew, decided by he game learned Judge whs or l+red rhe issue of this injunction, in which q legislature vas de- cared 10 be g nuity &nd it's acts of no legul feet; and itno dou,t ruled the issue of this injunction.
 The very grave consequences thus deduced from this AAeg aton challenge careful exam nation
 The language of the Iearnsd Judge in the eass referred to is as follows: This legisla livs action is 8 manifest attempt, on the part of tue legislature to delegate an obvious gen. 'r@l legislative power, that of apportiOning the members ofits own body, to the executive. d that too, against the express provisions of the organic act, reqqirins thls pee tIinF duty 10 be done by tue law-tnAAing power.
 'lf tAis can be done then avery legislative upetion may b" delegated and the whole frame rork of the Government changed"
 Careful inspection of our organic act will show thatthe assertion just cited is wholly un- ouuded in fact. That set does not. either in srms or Dy any fair implication, require he egislature to perform thia duty itself nor pro- liOit the Governor from performing it, The earned Judge has msresd and miscited the portion of the organic act referred to, It does lot require the legislature to make the aspor- as is taken for granted in the opinion ' ited
 The language of that act, Sec ,, Stats. at Large, p. 448, IS as follows '.The appor- the representation in the several coun- es or districts, to the council and house ot representatives, according to the population. ball be prescribed by law" It IS not the ac lAl appertionemsnt which is to be thus pres ribed by law, but the apporttoning that is, ls mode CT process of making it.
 The truth IS, Congress has exhausted the hole Legislation belonging to this public duty of the provision a5ovs cited, that 1t must be " one according to the population" Nothing Rt remains Is legislation-it is ninistration IscuiiOn pure and simple.
 If the assertion thus cited means that Iep;s. tive bodies must or do confns the actual exu ciss of all their legislative powers exclusively themselves is negatiVed by the whole his .s es y of legislation. Much of the buuines. of
 legislative bodies, federal, state and parlis-