Arizona citizen., 1877-04-28

| be done, what grevIOuS wrongs It mi --h' entail? If there was {. fraud in the ! taking of the census, whereby the rights of any of the inhabitants of th- Ter. ritory were invaded, it was within the power of the legislature to investigate . Il, and To redress the wrong.
 Blu in either case, though doubles unwI;tingly,
 ! THE LEGISLATURE EXCEEDED THEIR PROVINCE
 ! When they attempted to confer this power upon the Secretary of the Ter ritory, for if the duty was merely of ministerial character, and the of. : ticer could exercise no discretion in the performance of the duty, then, as tine present aspect of this unfortunate case abuudantiy illustrates, his powers and functions swere of too limited d character to enable him to do justice, or half way justice And the crippled attempts of the Secretary, or any other officer SD situated, would resemble those of a judIcI-l officer upon whom mad been conferred the power of pro nuuuciug judgment, but who had nu authority tJ Issue process, to suJpWn, witnesses, or to enforce uls UCc.ers. While, on the olACr hand, II tine du- ties OI tue Secretary were no, merely ministerial, but he had also discreLo.. ary powers, then the legislature exceed -u, WuaJ may be termed, their csnaiI- ,uuuual limitation, when they attempt cd lU Invest the Secretary WItn powers peculiarly their own. They III. sht, iu that Case, be not inap,Iy compared lo tho hero of Bishop h hnuteIys anec dO,c, Who became so deeply interested Ia topping oil tue DOughs Ut a tirc, that he severed the one whrreOn he Was sit ing.
 Inc maxim of constitutional law, tAat the power conferred upon the leg I>latlrc tJ make laws cannot Joe delcgJt- ed yy that department tO any other body or authority, Is 90 well sctll that !, rcJuIrcs scarcely more man mere men uOu in tn.s connection.
 Where the sovereign power of the State has located the authority, there "It must remain, auI by tue COl>tltu- |" liOuai agency alone the laws must by made until the C1n-t.taIuu I,-e.t iS |" changed. The power t1 whose Judg- "meut, wisdom anu patriotism tLI7 60 high prurogatiye has been inUus ed cannot relieve itself Oi the rc>pJnsi' co 0ility by choosing other agencies uP- "un winch the power shall Ue deVO!V "ed." COu.cl $ COnetiJuuuna. LIAlt ation>, page lIJ, chap. Y. " Ih1 legis |"luure neither must nor can rau-icl i"tAe power of making laws tO any ! " body else OF place iJ aayN here Ou where JAc people have Locke OL cIyi. government, section lI3. Ina . legislative power cannot be delegated
 see Iu1uuc vs. Cramer, lj Barber Il2
 Bradley ys. Baxter, lj Barber l12; Bar to vs. IimrOi, 8 \. |. iS3; People ys
 Stout. 35 Barber 34J, Rice vs. Foster Harr 41J; StutO vs. S.ate ; Iowa l6j
 People vs. Collins, g Mich. 2l3; R. k
 Cu. ys. Comrs. ot Clinton O., OhI. =; Parker ys. Commonwealth, G Penn l IJO..
 APPLICATION OF THE DOCTRINE 1 What says our Constitution Ou :hi,
 subject? Or in other words, what it
 the limitation imposed by the organi, act. which bears upon the subject O
 the appo.tionuent of members To th, ! Legislative assemblies: We have al ready seen tat il provides that the ap pur.ionmeut to The first legislative as scmbly. should be made by ihe Cover nor. Let Us look at the provision fol uDpOrlIOnmcnls t) be made aticr th, frs. The organic act reads: There afler," that is afler the first legislature
 the time. place and manner of hold i ing and conducting all elections by ] the people, and the apporiouing th,
 representation in the several 'unti-, or districts, Co the Council and HOus, ! of Reprcs .ut!jiye~. according tO pOpu luuOG, shall b. prescribed by law
 Section 1StJ of the Revised Statutes
 provides substantially tu the same et
 lrct The limitation. then, is that th, app1rtionmaul shall be prescribed by 1 law, nor m the language of the Revised
 Statutes the legislative assembly may reJdiust anl app3rlOn ' 1> shall bI
 just and proper; bu, II must be done in
 either case by thc legislative a~scm
 b,r. Tine Secretary, in the case under
 consideration, prescribed the appo. l ,i1lm-ut; ant his doing ~o must hay,
 been an enactment in the lcgislatIv, sense, OF he must have acIci iu dircc
 cOairuvcuti tu ui the organic act and the statute. He either passed a law
 when he prescribed the apportiOnmcnl . of " representation in tle several cuJu
 ties and di~JEic's.' .' or he did nOt d.
 what the organic act says must be done when the apportiOnment is made
 Take either horn ot the dilemma and The result is tn. same They are bat different paths which lead Co the same de-tination. they bring us by different routes lO ihe conclusion that the Ninth LaEi-latiye Assembly was al illegal boly. and hence that [. had no bind
 ing authority. 1T the Secretary eNcs- ci>eI legislative functions when he prescribed Jur auportilnment of repre- sentation ol ,L. Ninth Legislative A-
 sembly. be exercised a power which he had no authority Co us- and which the legislature was powerie-- Co contci
 upon him; ant if he did nat act in a legislative capacity when he pre>crIb cI such app4rtouneut. then he failed f0 comply with tlc eNnr.s- provisions of the supreme law, and his acts were yuIi
 In the c15, of Burow v-. H'mroI cited above, Inc following language ]. used. Law must uc .nlc'ei b. tht leri,aivc b1Iy, % which The .eEi=iG live power is committed by -He cHn-'i
 tuition. Th.r cam rt dives, ta-mseir-. of The responsibility oi their euac.
 mems. by 30 reference O, a aque-fion o
 .I . Ia