Arizona weekly citizen., 1882-07-23
THE YAYAPAI FRAUD. No Relief can be Expected
 from the Courts.
r.. Remeay Lies with Delegate OurT.
RI. Golden Opportuzity.


 y.vsuai county fraudulent census satis-
 s,sr- +lat the remedy IS not 80 clear aE
 .f- wrong. At first we were inclined to
 ,f. opinion that the courts would fur
 ,sst us with all the relief that we need,
 Inn. past experience does inspire us with
 ,rrrE hope m that direction.
 Siz FeaIs ago similar piece of rRscal-
 ;, was perpstrated by the Supervisors If Ysyspai county and the people of the ..r.b--a portion Of the Territory were ,.upelled t0 submit to the outrage. The
 .-.ert lf the fraudulent census at that t5ne Sas Co take the capital to Prescott and t vas successful The object of tf.s present fraud IS to keep the capital st Prescott and unless relef is obtained from Congress 1t is more than probable that !t will be successful again.
 We cannot, in view of past experience 5slule ourselves with the idea that the ,au-ts will restrain the Territorial Sec rtrar, from making the appOrtionnent d, tlr basis of the fraudulent census. On similar law and with the most am p.e proof oi fraud, Judge French de- c.!ued to interfere by injunction in 1876. on the ground that no iurisdiction was gwen him in such a case by statute, and that without a special statute, he had al authority tO act. Judge French would doubtless adhere to his former rl.iug, Judge Stilwell IS in California and Judge Penney in Illinois, and were tLey both here, the application for sn injunction would probably have to be made ID any event before Judge French B. Prescott. Judge French even it would bs difficult to reach as he Is at present holding court iu Apache county, where be may be detained several weeks, and oa the -th of August the apportionment all be made.
 There is, however, a remedy simple y.. sufficient. It consists in the passage d. a short Act by Congress something lEe tleipllowing:
 -B= .- enacted, etc.
 Sec l. That the act of the Legislative assembly 0, the Territory of Arizona en- titled An act to provide for the taking of the census Of and in the several counties oi Arizuna, approved March l1th, 1887, be aal the same is hereby disapproved and auuulled.
 See H. That the provisions of Rn act o, Congress providing for the reappOr- toumeut of the members of the Le.1-lature in the Territories of Monts- Ia. Idaho and Wyoming, approved June 3-l. 1880, be and the same are hereby s,pliel to the Territory of Arizona
 See III That this act shall take ef- ,ect and be in force from and after its passage"
 The act ot Congress referred to in the iorr5ug draft, vests in the Governor, Speaker of the last House and President o,t-e last Council, or two of them, the duty o' making an Rpportionment on the has.s Of the census of 1880. Some |, alt injustice would be done to COchise and Graham counties by such an appor- a5ument, as their representation would tr based upon the population of the portion o' Pima county from which they were taken. This injustice, however, would be only trihing compared rlth that which they would suffer if the Va yafai fraud were permitted to succeed. Yavlpai county would be the chief sui 'rrer, for there has undoubtedly been considerable increase ID her population since the last census WIS taken, but her punishment would be msrited on ac- count 0i the Eudacious rascalIty of her census msrshsls and supervisors.
 r such aa act Of Congress as the one gwen above, was introduced and its passage urged by Delegate Oury, 1t could be passed at once under suspen- si1u 1' the rules. Such matters gre us- ual.y remitted to the Delegate repre- ssntiug the Territory, and if he favors such a law no one will object. In brief, te can secure the passage of such lRE i. be desires to, and his duty being point ri cut Co him, we do not doubt he will desire to do so.
 Possibly sone-not msny-Democrats n lsyapai county will oppose bis re- election if be takes the course we sug- gest, but such loss will be made up to nm ten times over by hIs increased popularity m the southern part of tho Territory, for bafding this most glaring and stupendous fraud of the officials Of Ia5apGi county.