Arizona citizen. [volume] (Tucson, Pima County, A.T. [i.e. Ariz.]) 1870-1880, 1876-09-09

lpurported to delegate the power to the
governor Of said Territory, to appor
Ition the members of the Legislature
IamOng the several counties in said Ter
!ritory, to-wit: Pima, YGvlpai, Yuma,
Mohavc and Pah-Ute counties, in di-
rect violation Of the organic law OF
this Territory, and in subversion Of the
fright OF the people of the same"
The law above referred TO Is section
lis, of Chapter Il Of the Howell Code,
land reads as follows:
| Upon such census or enumeration
being returned TO the governor, rs pro
Iyided IN the preceding section, he shall,
ION or before The second Monday OF
July in each year, determine and ap-
ipOrtIOn the number OF members Of
each branch OF the legislature to which
leach county Is entitled under such cen
Isus or enumeration, and thereafter and
until another apporjionment shall be
made, each county shall cleo. the mum
Der of members so appointed 10 such
county.
The remaining counts Of The con-
lplaint set forth that the governor on
the 9th day of July, 1866, made the
Iapportionment among the several coun-
tiles Of the Territory that the several
counties of the Territory elected men,
bers of the Legislature in accordance
with said apportionmenb comprising
! the Third Legislative Assembly of the
Territory; that this legislative assem-
IDLY passed a law changing the time Of
holding the general election from the
first Wednesday in September to the
| first Wednesday in June Of each year /;
that Oscar Buckalew holds the Office
of recorder by being elected at this H.
| legal election held in June; and that
said election held in June was without
warrant or authority Of law, the legis-
ilature that passed the law being al IL
Illegal body.
Judge Backu5, who was then the
district judge Of this district, sustain
Cd the writ and delivered an elaborate
and able opinion in support of his
Judgment. BY judgment filed Deem
her l, 1865, Oscar Buckalcw was ad-
Judged guilty Of usurping and intrud-
ing into the Office of Recorder Of Pr
ma county, and was thereafter exclud-
Cd lhtrefgOm.
/ Notice Of appeal 10 tho Supreme
Court was given in this case, but the
appeal was not perfected. Judge Turn
Iner, Who was then Chief Justice Of the
Territory, appeared on the scene, 0nd
having, Gs We are accurately informed
/ 10y those who were present and CONVEX
SAINT with an the events connected with
this casc, expressed his full concur
renee in the opinion Of Judge Backus
! II was then found necessary to apply
Ito Congress at once to legalize the laws
passed by the Legislature whose mem
Ibers were unlawfully apportioned, and
Iextricate the Territory from this legal
chaos.
Accordingly We find that Congress
lpassed an act which was approved
March %, 1870, to be found in Vol. 10,
United States Statutes at Large, page
I76-7, entitled An Act to confirm the
iappOrtionment and amend certain laws
OF the Territory Of Arizona" the first
section of which lcgalizes the laws of
1.-THE sessions for which tho members
were wrOngfully apportioned, and reads
Us follows:
That the appOr,ionment Of mem
beTs of the Legislative Assemblies of
the Territory Of Arizona, elected and
convened in the years eighteen hun
ldred and siXty-six, eighteen hundred
land siXty-seven, and eighteen hundred
land sixty-eight, made by the governor
in accordance with the laws of said
Territory, be, and is hereby declared
legal and valid under the Organic Act
The remaining four sections Of the act,
iproYide for setting in operation anew
the official machinery O. the Territory.
Are we going 10 have another illegal
Legislature, more void laws, and create
Ia necessity for another revivifying act.
.of Congress? If the principle involv-
led in the above case was decided cor
rectiy, and Congress evidently so re-.
garded It, that Is where Section o ofthe.
Act Of 1875, empowering the Terrific
rial Secretary 10 make the appOlti0n-l
ment, viii again bring Us. IF the gOv-l
ernOr could not make the appOrtion- I
ment then, the secretary cannot lsw-I
fully DO il now. Would il not be bet !
ter 70 have the matter stopped 81 the
than 90 have the Territory.
walk into ali this legal confusion
But this question is now before the
court {
AS resolved in the beginning, this.
census fraud will be defeated
by any aud all legal means available
for the purpose