Arizona weekly citizen., 1889-06-29
Attorney Generals Decision

In reply to letter asking advice Gov. Wolfey has received the following from Attorney General Churchill, regarding
 the position he has assumed on the ques- ton whether or not the acts of the Eff teenth Legislature Assembly are legal and valid:
 PHENIx, ARIZONA, June 9, 1889.
 HoN. LEWIS WoLFLEY, Governor of Arizona:
 Sir-In response to the request of your
 Excellency that my opinion in writing be
 given to you upon the following proposi- tions, viz:
 First. Whether the acts passed by
 the Fifteenth Legislature Assembly on
 the 10th day of April, A. D. 1899, are valid laws?
 Second. Whether Hon. Thomas
 Hughes is entitled to exercise the duties of the office of Territorial Auditor of the
 Territory of Arizona?
 Ihave the honor to reply as follows, to-
 wit: l have gwen to the consideration involved in these propositions much time
 and study, and have arrived at the fol | lowing conclusions, namely: First.-That the acts passed by the Fifteenth Legislative Assembly on the 10th day of April, 1889, are valid laws
 within the Territory of Arizona, and ought to be enforced as such, Second. That the Hon. Thos. Hughes,
 having been duly appointed by your Excellency to the office of Territorial Auditor, by and with the advice and consent of the Territorial Council, on
 the Sth day of April A. D., 1889, and thereafter and on the 11us day of April, 1889, the said Hughes, having tully qualified as such Territorial Auditor, he thereupon became the legally constitu- ted Territorial Auditor of this Terri tory, and entitled to exercise the duties of said office.
 In submitting the foregoing categori-
 cal answers to your interrogator ies, I have not had time to express
 herein the reasons hereby 1 have
 been led to the conclusions given, and therefore respectfully ask leave to file the same hereafter, and as soon as sufii- cient time can be given to the subject to formulate them.
 Respectfully submitted, CLARK CHURCHILL, Attorney General. Acting on the above suggestions. Gov
 ernor Wolfley has addressed the follow ing instructions to Thomas Hughes,
 Territorial Auditor, and the Boards of Supervisors of the various counties of
 the Territory:
 EXECUTIVE DEPARTMENT, OFFICE OF THE GOVERNOR, PHENIx, Ariz., June D, 1889
 HoN. THOMAS HUGHES, Territorial Au- ditor, Tucson, A. T. DEAR SIR:-Enclosed hand you for your information and guidance an opin- ion by Hon. Clark Churchill, Attorney
 General. By ityou will see that all claims
 allowed by and appropriated for by the
 Fifteenth Legislature are to be paid, in
 cluding salaries for all my appointees,
 who have taken the proper steps to
 obtain possession ef their different of fices. in this connection you will re- quire them to produce evidence showing
 that they have discharged the duties
 of their offices or that they have been
 prevented from doing so by the hold
 overs, and of this you will be the judge. will not approve the accounts or salaries of any of the old officers or
 boards after the time when a legal de- | mand was made on them by the new appointees. Very Respectfully. LEWIS WOLFLEY, Governor The Chairman of the Board of Super ! visors of-County, Arizona: EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR. PHoENIx, Ariz., June 9, 1889
 SIR: The enclosed opinion of the
 Attorney General and letter of instruc- | tion to the Territorial Auditor, are off
 cial and are forwarded to you for your
 information and guidance, especially in
 relation to the Territorial Board of Equalization, and also to,Act No 61, ses-
 sion laws, Fifteenth Legislature As
 sembly, page S9, providing for the errec-
 tion and maintenance of the University
 of Arizona. You gentleman are bonded officers it is true, but the law makes
 it my duty to hold you and your bonds
 responsible for the Territorial portion
 of the tax. It is therefore only fair that you should know my views, l Very Respectfully. LEWIS WoLFLEY, Governor.