Arizona citizen., 1876-10-21
French at Yuma.

The Sentinel of October If, com
 menting on Judge Frcnch's late mis- carriage, says:-
 Judge French is clearly of the opin-
 ion that neither the Territory nor the
 people of the Territory can be made a
 plaintiff in any case without an ex- press law tO that effect.
 Shades of Marshal, Story, Webster, ChOate and all the great judicial lights that have ever shone in our land hide your diminished heads for behold an- other Daniel ha~ come Co judgment, May we be permitted Co ask this sa- pient Judge, this spacious solOn, what the civil law was made for? Was it not made for the protection of right and the redress of wrong? And is il not intended to be broad enough in its scope to embrace every case that may arise and remedy every wrong that may be inflicted, without an express law" being made for each case? And suppose that the law in its express let ter does not cover every case, has his Honor Tn his exalted position, no equi- ty powers? The learned Judge well knows that Blackstone lays down equi- ty Co be, the law of reason, exercised by the Judge, giving remedy in cases to which the courts of law are not com petent" In sitting in chambers in cases of this kind the Judge is clothed with both law and equity powers, and 1t Is a shameful perversion of both Iov #g. [. I q, the Territory nor the people of the Territory can be made a plaintiff in any case, without an express law to that effect" The merest tyrO at the law can see the absurdity of such a position. E we have neither time, space nor inclination tO enter into a lengthy legal disQuisition of the ques ton; nor Is it necessary Co do so tO show the utter fallacy of this 1OEmati- cal, lodging decision. If the allega- tions set forth in the complaint were true, then a great wrong had been per mitted, by which one county would gain several members of the legiSla- ture 10 which she was not entitled by population thereby robbmg other counties of just and fair representa- tiOn
 It was proposed to right this wrong by the only power in the Territory which could do it, the judiciary. Judge French heard the complaint and rec ognized the Territory as plaintiff in the cause eX rel the citizens named in the complaint, and granted a restraining order, or in other words. a temporary injunction. This was done on August :, and the time fixed by the Judge for the defendants tO answer was Septem- ber 2G. Now, after great trouble and expense by the plaintiffs Tn collecting their testimony, which involved great labor and several hundred miles of travel, they are told that they have no standing in court
 If it is true that neither the Terri tory nor the people can be made a plaintiff in any case without an ex- French know it as well when he made the temporary restraining order as he did when the case came up on the day for the hearing If such was his opinion why dld he not say so when he entertained the complaint; or did he wait for defendants counsel to pour light upon his judicial brain?
 The decision of Judge French in this case is not supported by law or reason. but is pililul, puerile and pusil- luminous. and will excite the contempt and derisiOn of every true lawyer and every intelligent man who hears it.. But the matter don't end here. IL will go before a power higher than Judge French; power before which his decisions will fly as chaff before the wind. The legislature will doubtless be elected and will hold its session, but we venture to predict that its every act will be declared null and void by Congress in consequence of it's being an illegally constituted body. Arizona has been very unfortunate in .he matter of her Chief Justices Judge Turner was removed because of his general untitness. Judge Dunne was removed because of his spiteful and determined opposition to our free school system. We think that Judge French will soon follow in the wake of Judge Dunne.