Arizona citizen., 1877-04-28

4o, 10 Il OOlistg utECc, C4tllllcu shc ltEl lS- la.ure had right to delegate the pow e.
 Now lhe more conveniently tO reach tue point, al which We are aiming. we must tirsl state, that the power tO ap- portion the legislative representation among the different counties of the Territory as lOdged III Ihe Legislature consists, in not merely arriving at the drIthmC,IcA proportion of cdcu cUuu- Y, but also, in investigating the CJr- rectness of the data upon which this proportion lS based; Il JOning tOgetu- CT ludIciOusiy and furN, cOun les whose fractions of population migh, he less than sufficient tO euutle them to whole memL,r, and vel large enough tu entiue them to a part of one These are some of the principal pow CTS incident tl the ac Of a aIpOrllOE- ment. To exercise some of these and not others, II occasion should demand 1t, is not Co perform he act of appor- upumeut as prescribed by Congress {: " To re-adjust and upp0rtion ln sucn a manner as may Je just and proper, Co use the language of the Revised Statutes, may require more of the legislature than tJ merely perform the IritAmetical calculation OI determining the dppJrjloument from the rc,ulus ul population. Suppuslug-ds was the case with our present ppOrtionment- large and respectable portion ut the inhabitants of the TerI,ory charge Q ..F the counties 0i the Territory, would it no; be un incidental power and light of the legislature Co investigate that charge Did not Congress delegate that power To it for the use of The peo pie: And when our legislature dele gated a portion of this power Co the Secretary without Golega;iug the whole, did it not for the purpose of that app lorjiunmeIt, divcst itself of the other powers, incidental to d full. proper, and just appOrtionmeut? This illustration shows the iutilIty of dividing the pow CTS incidental To .pp3fliOament: no, merely dividing hem, but actually, ia connection with this pportIOnmeut, mUluiyiuE al but one, namely, ihc urIlhmgllcul act Of figuring out the p-opJr ion. We say iJ Was mul.i-yIuw all tbe rest iuasmuch as the appJrtiou- mCnt had ,1 be made and acted upon suhsoquen, io the adjournment of that legislature, and beioru the cOuycuinr ot the next, and consequently there was uu legislature iu session to CXcr- else these powels. 1T the legislature had delegated tJ the Secretary, all the powers incidental tJ tae proper anu just app5r,iOnmcnt, namely, the right to combine counties for the election of one member according tO their .Oca- tiou and fractions Oi ratios; To Inyesli- gate charges of
 FRAUD IN THE CENSUS RETURNS
 To summon witnesses; and 10 appro- prIa.c money ou, of jhe pubic treasury for paying the eXpeuses thereof, il would then La.c ut least given him the same powers n connection with the same subject matter, that it had itself and the powers necessary for fair and just performance of the whole duty. But if it had done this it would uuquestionably have exceeded its own power, because il would then have been plainly delcgating legislative power 70 the executive branch of the government: and though il has done worse, tlr worse, delegated merely one Of these power, to the Secretary, and divcsjcd itself of all the rcst as lar as the app1ItionmeuJ is concerned, Is 1t on that account 70 He regarded as not having exceeded Is aujAUI,y: < Is a legal axiom tlIJ when a power Is given, ali ,hc incidc.tal powers for is proper iuililimruj, are aisD 2 ven. II th- legislature could not grant the ill., ciicnHl powers necessary under all clrcuM-tIlcce .Or proper lulnilmenl or the duty, then it could not grant the power ilscii.
 THE POWER TO APPoRTION Is INDIvIsI-
 BLE,
 As the power to administer jueuce Is iudivisib.e. The power 10 render judgments lodged in a court of jus ticc. carries with it the power t0 de- termiue facts, hear testimony, issue process, and enforce its dec.ees. The power tl make the apportionment lodg- ed iu the legislature, carries with il the power to determine inc facts, forming the basis of tine apport.oumeat, tha Is, the population of the various cauu- ties; 10 hear testimony on the pJiIt, and to issue process for bringing that testimony before it. This is all comprised under the power to make appurionmeat,, just as the powers mentioned of d court of justice are comprised under the power 10 hear uui d-Jc.mne actions. IT. delegate one is Co delegate all. 1T all cannot be delegated the one cannot Had the legislature been Iu session, and called upon jhc Secretary o have performed the mere numerical calculation uf rep res.n,aI1n, g.vlu- hum the iigurce upon which tI base II, and afterwards adopting hi, results as their own, then, they would have actually performed the act of apporUoamcn. But this Uas not the case In the present in -tauce. They delegated The power oi appuri1ument before hey aiJ turned. and Uni, power wu, Go oe exercised. carried ou and acted upon before jA y r.4sscmJicd. If ,he legislature dele gated the one, it delegated a.l, aud n delegatiu- ali, is eHcee.eJ It, power.
 A we uay-arcldv incidentally men toned. whether true. OF not it wa> ci.mcd auu verify D.l.ered b. a l.rg- number of h. pc lpi. 0. the Territory. that aa enormous fraud hal been pe.- p.tratei in tac taking O. tae ccnsI>, ap1u which the ap1or,I3lmcut 1t tIe Iast Legislative Assembly was based. but the officer upon whom the legls. ..