Arizona citizen. [volume] (Tucson, Pima County, A.T. [i.e. Ariz.]) 1870-1880, 1876-09-02

SAFE House OF representatives, and til
County of Maricopa of one member i
the said House of Representatives an
one member in the said Council.
10. That by the apportionmen
made as aforesaid upon said false an,
fraudulent census retEfhs, the appol
tiOning of representation TO the Coun
Gil and House of Representatives vii
not be made according to population
in the several counties of the Terrific
~.
20. That the said census returns a
the court will perceive on inspection
are obviously illegible, incongru
GUS and suspicious in many parts, con
tanning long lists Of names repeated il
different places thereon with little o.
no variation, the names of person.
known not to reside in the County O
Yavapai, and many names apparently
simulated for purposes of fraud; anC
the said plaintiff by the REALTORS fur
ther complains and alleges:
1. That they, the REALTORS are advis
ed and on behalf of the plaintiff dc
charge the fact to be that the said Ter
ritorial Secretary, the said Hoyt, as
sumes to act and to declare the ap
portionment of representation foI
members Of the House of Representa-
tives and for members of the Council
of the Legislative Assembly of the
Territory of Arizona, las heretofore
set forth in section or paragraph mum.
Der seventeen, by virtue Of a pretend.
ed section number nine of an act of
the Legislative Assembly of said Terri
tory approved February 70, A. ID. 1875,
entitled, IAN Act to provide for the
taking of the census of and IN the
" several counties of the Territory of
" Arizona: that by said pretended
section alone said Secretary assumes
and claims and intends further to act
in the premises; and that said pretend
ed section nine is wholly against the
statutes of the United States and the
ma, and is utterly diiu- c1tonc,y
alive and of no valid force or effect so
as to authorize or empower said Secre'
tary to declare an appOrtiOnment OF
representation for members of the
House of Representatives and of the
Council of the Legislative Assembly OF
the Territory of Arizona, and to this
extent wholly void in this, that said
pretended section nine attempts to give
to and confer on said Territorial Secre
tary, a power which by the laws of the
Congress of the United States, is vest
ed in the Legislative Assembly of the
Territory of Arizona, to-wit: the pow
er of apportioning representation
among the several counties of the Ter
ritory, which power the said legisla
ture could not delegate.
II. That if said defendant Hoyt i
permitted to make said appOrtionmen
as aforesaid, the plaintiff will suiie
great, serious and Irreparable injur.
and loss in this, that an illegal, volt
and unjust appOrtionment Of represent
alton will be made and several cOun
ties of said Territory deprived as here
tofore set forth in sections or para
graphs nineteen aud twenty; wherefor
plaintiff prays judgement,
l. That the said census return b
suppressed as fraudulent and void o
be reformed so as to conform in nun
bers to the actual number of inhabi
ants of said county of Yavapai.
3. That the said Territorial Secrets
ry, the said Hoyt, be enjoined from al
portioning representation in the Legi
Ilative Assembly for the several coul
ties of said Territory.
8. That q citation be issued to III
said defendants commanding them, o
la day and at time and place certain
to appear and show cause why the sal
census return should not be suppresse
for fraud or modified according to IL
actual population Us above stated,
,lthey are able to show whether an
how the same can be done accordin
to law.
! 4 And that such other orders ar
f decrees interlocutory and final may
made herein as to equity may pertai
= and that such other and further reli
as is proper may be granted.
5. For the plaintiffs costs and di
2 bursments in this proceeding.
Farley s. Pomroy, Attorneys. Jol
e Titus Attorney.
r On filing the foregoing complain
5 let the defendants show cause beto
: me at my chambers in the court-hou
lin Tucson, Pima county, Arizona IL
l ritory, on the 9th day of Septemb
la. ID. 1876, at 10 O'Clock a. m. of sa
D ldav. why an injunction should not
Granted restraining the defendant,
ZIP Hoyt Secretary of Arizona Terni
eirv, from making an apporiionment
i representation tor members OF T.