Arizona citizen., 1877-04-28

nate position of the Territory to the national government, and the com ! pleie absence of inherent sovereignty II is provided by Section ,, of the or, ganIc act:
 That the legislative power and authority of said Territory shall be l"veSted in jhe Governor and Lcris- i laiure." That is, that lhe legislative power and authority, shall not be the I exclusive privilege of the Legislative Assembly, but that it shall also be. and become, a part of the prerogative of the Governor of said Territory. who is the regular, resident agent, and rep Iresentatlve of the general government. He thereby becomes a part of, and has a dominant cOntrll over, the legiS- lative branch of the powers of govern 2. ment
 . But this is not all: even the laws themselves, when passed by the 2. ." Legislative Assembly and Governor "of the Territory. shall be submitted to the Congress ot the United States, and if dISapProvei, shall be null, and ! |" of no effect" Organic act, Sec. :. I Thus the mere dissent of tho natl ln- al Legislature. is sufficient Co destroy the entire labors of the law making power of the Territory, let Il be of what character it may.
 Can there be cited a more fOrciblc | illustration of subordinate powers?
 THE LEGISLATURE, HOW ORGANIZED.
 Section five of the organic act says Previous 10 the first election, the Gov 2. erHoI shall cause a census or enumer- a'ion of the inhabitants of the several counties and districts of the Terri tory to be taken, and the first election shall be held a; such time aLd places, and be conducted in such manner, as the Governor shall appoint and direct, and he shall at the same time declare the number of the members of he Council and House of Representa- |"uyes to which each of the counties or districts shall be entitled under this act The number of persons. au- "thOrizcd 10 be elected. having the highest number oi votes in each of said Council districts Tor members of the Council, shall be declared by the 4" Governor To b. duly elected tJ the |" Council; and the person or persons authorized tO be elected, having the " greatest number oi votes for the House ui Representatives, equal tJ the number To which each county OF district shall be entitled shall 5e de- cl.rcd by the Governor Co be dGly elected members Ji the House of Rep " Tes-ut&t.vus.
 But i.crgai, CT, tue tim. place, and "uauuer of holding and cu-luetil- "au elections by the people and the app1.lion.lg the representation iu " the several counties OF districts, ty the Caun il 4ad House .l Reprcsen- l " tatIve,, occ1rtiu- 10 population, shall " be prescribed by law
 N hat, then, Was the int ntion of the body that made the organic act by which the Territory Oi Arizona Was created
 . Fortunately the act is clear and cx- plIcit in is terms, and there Is not much danger of mIstakInE the true intent.
 . There Is an express grant of author . fly to the executive branch oi govern meuj, to take Inc necessary steps Co cail into existence the legislative branch; by it's terms, the governor Is given ihe power Co call an election, Co uppOrtion the representation and 60 fix the time and place of huliIug ,hc iir-l Legislative Assembly, but that is all ; his authority in this re>pec' died; was obliera'cl when the lir>. Legislative ] Assembly mci. and the authority to do all these things " thereafter Was loiged in is appropriate place, the legislature
 And the governor and every other officer or person, or bOIy, except the 1 Legislative Assembly, are pruhIaIte.. from doing them, or any of them. For we have already seen that the pr'yjS- ions of the orgtnic act must be estTlc'iy construed, and hat the members, or ut- ticcrs of a corporation, can perform only the functions permitted by the creating power, and iu the manner therein provided.
 And the reason for thIS prohibition is apparent; it wuuit uc unWI>c, impru- den, and unheard of. 10 give Co the Ey- ecu i've SD great and dangerous a DOW CT a, he would p 's-e>s it h. should be given. iE addition t1 his other rrer0ga lives, the authority to control the mc- chalical organization of the leglsla llrr
 IL has been the invarlable policy of the alhcrents to republican insiitu- . ji0ns to
 .. SEVER As WIDELY AS POSSIBLE THE DI- VISIONS OF POWERS. And how zeal1u~ly have American pa- triots guarded against the cncroach. ment oC one branch of the government . upon the territory of another, and par ucularly has the executive branch been the object of constant watchtul- , ness.
 . In accordance with this view, the power Co put in motion the legislative branch of government in this Terri tory. WAS placed in the hands of the executive department, then already in , existence, as matter of cXpcdiency, but by The same enactment that depart meat Was prohibited thereafter from the exercise of that power and il was conferred upon the legislature t, which it r,-Auully belonged
 BUT THis CASE HAS PRACTICAL SIDE
 Which presents as sGong claim to our attention. as ii~ theoretical asHect. .'Iti, claimed that the power delegated .to the Secretary, to make the appor- jionment was 30 mere ministerial pow cr-.he power 10 perform ministerial
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