The Arizona sentinel., 1876-09-16
FOR DELEGATE TO CONGRESS, HIRAM $. STEVENS
From the Citizen of Sept. 9th. RELATING TO CENSUS FRAUD
The Legislature's Power to Make sn AppOrtiOnment Cannot be Delegated.

The question, "Can the Legis- lature delegate it's power to Ter ritorial officer to apportion mem. bers of the legislature among the several counties ?" is not a, new one. It has already been decided that the legislature cannot dele gate such power, and Congress re- cognized the correctness of the decision.
 It is not our province to enter into the discussion of purely legal questions; that will be left to the lawyers and the court. We mere ly intend to perform the part of law reporter and lay before our readers the case, in which the above question was the main issue, and in which it was decided as above set forth.
 On the 29th day of July, 1868, complaint was filed in the District Court for the FirstJudicial District, county of Pima, Territory of Ari- zona. The title of the case was |: Territory of Arizona vs. Oscar Buckalew, recorder of Pima coun- ty. Writ of quo warranto."
 The writ was brought on behalf of the Territory by Granville H. Oury, then district attorney for Pima county and ex-offcio attor- ney- general.
 The gist of the complaint Is con- taiped in the second allegation, which reads as follows: "That the first legislature of the Terri tory of Arizona, by law approv- cd November 10, 1864, purported to delegate the power to the gev- ernor of said Territory, to appor- tion the members of the legisla- ture among the several counties in said Territory, to-wiu: Pima, Yavapai, Yuma, Mohave aud Pah- Ute counties, in direct vio. lation of the organic law of this Territory, ,and in subversion of the right of the people of the same."
 The law above referred to is sec- tion IS, of Chapter l4 of the Ho- well Code, and reads as follows.
 Upon such census or enumera- tiOn being returned to the govern or, as provided in the preceding section, he shall, on or before the second Monday of July in each year, determine and apportion the number of members of each branch of the legislature to which each county is entitled under such cen- sus or enumeration, and thereafter and uDtil another apportionment shall be made, each county shall elect the number of members so appointed to such county.
 The remaining counts of the complaint set forth that the gov ernor on the 9th day of July, 1866, made the apportionment among the several counties of the Terri tory; that the several counties of the Territory elected members of the legislature in accordance with said apPOrtionment, comprising the Third Legislative Assembly of the Territory; that this legisIa- tive assembly passed law chang ing the time of holding the gene raj election from the first Wednes. day in September to the first We'd nesday in June of each year; that Oscar Buckalew holds the office of recorder by being elected at this illegal election held in June; and that said election held in June was without warrant of authority of law, the legislature that passed the law being an illegal body.
 Judge Backus, who was then the district judge of this district, sustained the writ, and delivered an elaborate and able.opinion in support of his judgment. By judgment filed December 1, 1868, Oscar Buckalew was adjudged guilty of usurping and intruding into the office of Recorder of Pima county, and was thereafter exclud. ed therefrom.