Arizona citizen. [volume] (Tucson, Pima County, A.T. [i.e. Ariz.]) 1870-1880, 1876-08-19
THE CENSUS FRAUD.
Suis I'm District COurt-TempOFar
Restraining Order Granted.

Restraining Order Granted.
An equity suit has been commences
in the First District Court on this sub
ject The parties TO the suit are:
The Territory of Arizona, ex rel, Sid
ney R. belong, Edward n Fish, Juar
Elias, as supervisors of the County o.
Pima Charles Baker, Julius Samter
H. 3. Fitzgerald, as supervisors of the
County of Yuma. Joseph COlliDg
wood, L. N. Stiles, Patrick Holland, as
supervisors of the County Of Pinal
James 81. TOOle, John w. Hopkins,
John WATSON, William G. Davis, ia
cob g. Mansfield, inhabitants aud cleo
tors OF the County of Pima. II. N.
Alexander, A. J. Finlay, c. II. Brinley,
j. NJ. Redondo, w. J. Berry, David
BALI, inhabitants and electors of the
County Of Yuma, vs.. George d. Ken
dali, Henry w. Fleury, Fred Williams,
as supervisors of the County of Ysva-
pal and as inhabitants of the County
Of Yavapai; and John P Hoyt, as Sec
rotary of the Territory of Arizona.
unexpectedly submit that this is nc
Pima county affair, although Pima
county would have been willing to
make it her own, If other counties had
not volunteered to join in this
honest and straightforward way of
selfprOtechOn, and also TO defeat a
most glazing attempt to deprive sever
al counties of their just representation
in the Legislature. The supervisors of
three counties and prominent citizens
Of two, are the relatOrs, and we call at
tention to the fact that no such officers
and men ever have or ever will join in
litigation for frivolous objects. Moth
ing but profound conviction that
such action was necessary to protect
their highest rights, wonld have impel-
led them to enter upon it. They firm
ly believe that no considerable number
Of men in Yavapai county will be |
found to defend the action of their cen
sus marshal and Supervisors. The
prayers of the plaintiff, are:
l. That the said census return be
suppressed as fraudulent and void or
be reformed SO as TO conform in num-
bers TO the actual number of inhabit-
ants of said county Of Yavspai
2. That the said Territorial Secreta-
~, the said HOyt, be enjoined from ap-
pOrtioning representation in the Legis-
lative Assembly for the several coun-
ties of said Territory.
8. That q citation be issued TO the
said defendants commanding them, on =
a day and at time and place certain,
TO appear and show cause why the said
census return should not be suppressed q
for fraud or modified according to the L
actual population as above stated, if I
they are able To show whether and /
how the same can be done according
to law. It
4. And that such other orders and 1
DEGREES interlocutory and final may be L
made herein as to equity may pertain,
and that such other and further relief v
rs is proper may be granted. o
8. For the plaintiffs costs and dis b
bursments in this proceeding. C
After examining the case and hear L
ing attorneys, the Judge made these L
orders: 4
On filing the foregoing complaint, c
let the defendants show cause before
me at my chambers in the courthouse ,,
IN Tucson, Pima county, Arizona Ter a
ritory, on the 9th day of September :,
A. ID. 1876, ut 10 o'clock a. III. of said
lay, why an injunction should not be :,
granted restraining the defendant, J. !
Hoyt, Secretary of Arizona Terrific
y, from making an apportionment Of
for members of the !,
House of Representatives aud mem
'ers of the Council of the Legislative .
Assembly of the Territory of Arizona,
lpOn the census of the inhabitants of ,
aid Territory, for the year, A. D., "
1876, and for such other or further re- =
lief as may be just =
1t is further ordered that said de- =
endant HOyt, his agents, and servants .
~ in the meantime restrained and be O.
hereby forbidden TO suffer or commit u
my of said acts until the further order ~
t the court. Il
G. G. w FRENCH.
udge First Judicial District, A. t. p
Tucson, August II, 1876. lib