The weekly Arizona miner., 1881-02-25
TERRITORY OF ARIZONA,
 EXECUTIVE DEPARTMENT, PRESCOTT, Feb g, 1881.
To rHE TERRIroRIAL CorNcIL ::

No 20, entitled an act to fuad the debt of Yavapai county and to provide for the payment of the same have disapproVed this act for the reason that by the Fourth Section, the Legislature nominates and . appoints C. F. Head and Hugo Richards to he the Commissioners provided for in the Act. Section 1851 of the Revised . Statutes of the United States directs that 'a1 township, district and county officers, except Justices of the Peace and general officers Of the militia, shall be appointed or elected in such manner as may be pro- vided by the Governor and Legislative Assembly of each Territory, and all other officers; not herein otherwise provided for, the Governor shall nominate, and by and with the advice and consent af the Legis lative Council of each Territory, shall ap- point" The Commissioners provided for by this act are not county officers within the meaning of the Statute.
 The Supreme Court of the United States, in an opinion delivered by Mr. Justice Grier, says:
 "A county officer is one by whom the couu- ty peri rms its usual political functions or offices of Government: whoexercises coEtin- uously, and as part of the regular and per manent administration of government, its public powers, trusts, or duties. A fixed number of persons, specially and by name appointed by the Legislature to act as board of commissioners i'll matter about which, though relating immediately to the l County, county officers. ii the exercise of ! thatr ,,apara1 cr,.h cad special authority from the Legislature, have not authority tO act, are notcounty officers. " The Commissioners provided by the Act thefore within that provision of the Statute ! which directs that ''aIl other officers not herein otherwise pr vided for, the Cover ! nor shall nominate etc. It seems to me. also, that 1t Is hereby necessary to create special board of commissioners, at a consiie- | Table expense to carry out the intention 1 and provisions of the Act The credit of ! the Territory is deservedly good, and the negotiation Of the bonds could therefore be readily madcby the County Treasurer, upon whom this and other duties required by the ! Act would not be bprdensonIe.
 For the reasons here given I an unwil- | ling t1 sign the Bill in its present form, but ] relieved of the exccPti 'nable provisions, l will be glad to approve.
 J. FREMONT, Governor
 Hereford introduced No 99, An Act | to establish the salaries of certain officers of the counties of Pima, Cochise, Gila and | Yavapai
 C B No 99 read first time, rules sus- pended, read 2i time by title and referred l to Judiciary Committee.
 House of Representatives,
 Prescott, Feb 23. 1881.
 Mr. President The House has passed H , B No S6. An Act t. define and punish cer- tain crimes.
 Also c B No 9l, An Act to amend Sec 25G, Chap IS, of proceedings of civil cases"
 Also J R \ Is.
 Also No 92. An Ac. tp amend Sec i of An Act to regulate appeals from Justice Courts.
 Also Sub No 74, supplementary to An Act to punish vagrants, vagabonds and suspicious persons.
 Also II C R No g.
 RIGHARD RULE Chief Clerk. Compiled Laws of Arizona Territory. t. re peal certain sections" read in full on re- quest of Thomas and referred to the Com mittee on Ways anI Means.
 By request Fickas assumed the chair.
 The veto Message of His Excellency, Governor Fremont, relating to c E No 3O. II An Act to fund the debt If Yavapai County" was takeT up and conzidered. The question '' hall the Billpass notwithstanding the veto, 'swas put and lost by the following vote:
 Ayes 6; nayes I. h On motion of A;.stelson C E No 90 WAS delivered to the ''arapai delegation. ' The following Message was received from s the Governor. I
 Territory of Arizona.
 Executive Department,
 Prescott, \. T., Feb. 23, l86l q To the Territorial Council z Herewith l respectfully return to the q Council, without mY approval, B No l5. c entitled AR Act to provide for the payment {. and c lection of taxes. I have disapproved this Hil becau2e of the opinion that it 1 f Gogid york iGjqry to cog4ty warrants in v proportions to their priority of date. As fl matter of couse recently issued warrants b would be paid into the Treasury instead of C .he money which they would displace, that il otherwise might have been used to redeem " the older warrants. ami which the jaw a. 'ects sltall tIst be redeemed Ill order of date r The operation of this Bill would therefore Ii le wrongful to the holders of the warrants - lre4dY lssqcd iu the depfeciet,on which sould follow, and to this extent its effect voul be to impair the obligation contracted fl iith them by the Act of Dec. h. 1868, which required ''ali warrants how outstand ng and those hereafter drawn, shall be paid y the Treasurer in the order in which they IT Tere issued, upon presentation. The para raph in the End secticn of the Act of Oct. il T. 1866, providing that all warrants are re- Il! eivable into the Treas!ut lu payment ofany axes, licenses or other dues to the Terrt- m ory, was found to operate injuriouly, and ca & IlEeale1 hy the Act of Oct, .. 1861, dr hich directed that ali moneys dus the treasury from whatever source derive, lii nall be paid in [. $. legal currency
 Believing therefore that this act would not A, Indqee to the public welfare, respectfully tiC ,turn II to tha Council an
 J. C. FREMONT, Governor. The veto message of his Excellency, Gov fol nqr Fremont, relating to C B No 15 an al t to provide for the payment and ccllec of on of taxes, was taken up for consideration. The question, ''Shall the bill pass not an lthstanding the yetot was put and passed ho the following vote: pr, Ayes AnGar.un, Earth, CarEwalL DcT- ngton, nasterson, IieTcfond. Meade and tiu r. PresidentS. pil Nays-Rnllins and Thomas-2 cee Absent -iiaaer ai,d St:.Tea4 lsi C J No ,, relating L. the insane of the z A,s1. | .I