The Arizona sentinel., 1876-10-14
SATURDAY. OCT. II, 1870
FOR DELEGATE TO CONGRESS,
HIRAM S. STEVENS
THE CFNsUs FRAUD CASE.
Judicial Trihing.

AhO CtCC~OfeS NhASi VIC VIII I0-
ceive in the latter part Of the
week. will doubtless give the par
ticulars, but that will be too late
for US to do the subject justice in
this issue. What we have seen
is a Geographic report, from which
we extract the following, which
is sufficient for our purpose, and
we don't care about any further
PARTICULARS. 1t is enough. Here
it is;
"The prayer of the plaintiff (the
Supervisors, citizens and electors
Of Pima, county, for an injunction
must be denied and the restraining
order heretofore made in this
cause Is wholly dissolved and ter
minated"
The telegram further says:
Judge French is clearly of tn e
opinion that neither the Territory
nor the people of the Territory can
be made plaintiff in any case
without an express law to that eff
feet"
Shades of Marshal, Story, Webs
ter, ChOate and all the great judi
cial lights that have ever shone
in our land hide your diminish
ed heads for behold, another
Daniel has come to judgment
May we be permitted to ask this
sapient Judge, this sagacious sol
on, what the civil law was made
for D.? Was it not made for the pro-
lection of right and the redress of
wrong? And is it 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 it's
express letter does not cover every
case, has his Honor in his exalted
position, no equity powers ? The
learned Judge we'll knows that
blackstone lays down equity to be,
"the law Of reason, exercised by
the Judge, giving remidy in cases
to which the courts of law are not
competent" In sitting in cham.
hers in cases of this kind the
Judge is clothed with both law
and equity powers, and it is
shameful perversiou of both law
and reason to hold that neither
the Territory nor the people of the
Territory can be made a plaintiff
in any ease, without an express
law to that effect" The merest
tyro at the law can see the absur-
dity of such position. But we
have neither time, space or incli-
nation to enter into a lengthy legal
disquisition of the question; nor
is it necessary to do so to show
the utter fallacy of this dogmati-
cal, lodging decision. If the allie.
cations set forth in the complaint
were true, then a great wrong
had been perpetrated. by which
one county would gain several
members of the legislature to
which she was not entitled by DO
pulation, thereby robbing other
counties Of aiust and fair repre-.
sentation.
1t 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 recognized the
Territory as plaintiff in the cause
ex. rel. the citizens named in the
complaint. and granted restrain
ing order, or in other words. a |
temporary injunction. This was
d0ne on August 7th. and the time |
fixed by the Judge for the defend. |
ants to answer. was September |
9th. Now, after great trouble |
and expense by the plaintiffs in
collecting their testimony, which |
involved great labor and several |
hundred miles of travel, they are
told that they have no standing
i'll court.
If it is true that neither the