Arizona citizen., 1872-02-03

: district of Arizona, upon special
 proceeding therein pending. The
 transcript of the record filed in this Court discloses the following state of facts in the case:
 On the Sth of October 1871, A. A. Mix, the appellant, was by the Pro- bate Court of the county of Yuma, appointed special administrator of the estate of M. D. Dobbins, then late of the said county, deceased. Subse- quently R. B. Kelley applied to the said Probate Court for appointment as administrator of the same estate. This application was rejected and the said R. B. Kelley appealed to the Dis trict Court aforesaid, from the judg- ment of rejection by the Probate Court, the said A. A. Mix being made appellee. That appeal, as the record alleges, was dismissed, and an order entered by the said District Court, appointing both the said R. B. Kel- ley and the said defendant Mix ad- mlnistrators to act conjointly in the administration and settlement of the said estate.
 Such is the statement of the record as shown by the transcript. Sub sequently on the 25th of December 1871, the said A. A. Mix was, by the order of the said District Court, dis missed from the administration of the said estate, for disobeying, as the rec ord alleges. a lawful order of the said Court, addressed to him as such ad- ministrator as appears from the rec ord itself.
 Upon this state of facts the appeal IS made to this Court; and the order of the District Court, dismissing the appellant A. A. Mix from the admin- istration of the estate aforesaid, is the error alleged in the procedure of the Court below.
 This case, like all special proceed ings, is an unusual one, and the facts disclosed by the transcript are not so full as to exclude all conjecture. Enough, however, appears to show this Court. that the whole procedure below from the rejection of Kelley's application for administration by the Probate Court, to the dismissal as 1t purports Ito be of Mix by the Dis trict Court, Is one entire integral pro- cedure, aid must be so regarded by this Court in its disposition of the case.
 There is nothing in the record to show that Mix was not doing his whole duty as administrator. at any time from the beginning to the end of this proceeding. The presumption of law regarding administrators, as well as of other officials, is that they do their duty until the contrary is shown. The action of the District Court strongly aids this presumption, for instead of dismissing Mix on Kelleys appeal, 1t dismissed the appeal itself and appointed 1Nir.
 Had the District Court stopped there, no possible exception could have been made to its action. The record however, shows that it went much further than this, for it appointed both Mix and Kelley co-administrators, and at last dismissed Mix from the administration for disobeying one of its orders. The character of the order disobeyed Is not, however, stated ill the transcript, and the presumption of law would hardly be i'll its favor, against an administrator whose ap- pointment and direction must come from another Court having primary jurisdiction exclusively its own, which the District Court can neither share, nor touch, nor question.
 The opinion of this Court is that everything done by the District Court in this case, after the dismissal of Kelley's appeal, was without authority of law, and therefore null and void; that from all that appears by the rec ord before us, A. A. Mix Is still the sole administrator of the estate of M. D. Dobbins, deceased, and primarily amenable and accountable to the Pro- bate Court of Yuma county and no other.
 The order of this Court therefore is, that,the District Court of the Second Judicial District of Arizona, vacate and rescind of record its several orders R. B. Kelley and dismiss ing A. A. Mix as administrators of the estate of M. D. Dobbins, deceased that A.. A. Mix or whoever is or may be administrator of the said es- 4o4o Ixr +bo Drobo+o Count of Vu,oo