Arizona weekly citizen., 1889-07-27

Ol Iilc OuIlAG -Ol pal law, subject also, however, to the right of Congress to revise, alter and re- yoke at its discretion. The powers thus exercised by the Territorial legislatures are nearly as extensive as those eXer- cised by any state legislature.
 Having permitted the people to elect a legislature and to proceed to put in op- eration a complete system of selfgov- ernment within and under the provis- ions of the act of Congress and the con- stitution of the United States, the pow CT was necessarily conferred upon these people and their legislative assemblies and the territorial, county and munici- pal officers to practically enforce and and apply those acts of Congress where by they were to be governed according to their own judgment and understand ing of their signifcatiOn, subject at all times to revision or revocation by Con greSs, but by no other power.
 The first act passed by Congress pro viding for the organization of the gov ernmert of this Territory was entitled An act to provide temporary govern ment for the Territory of Arizona, and for other purposes" approved February 24th. 1863, and was composed of enly three sections; and the second section contained the following provision: And the powers. duties. # % of the Gov ernor. the Legislative Assembly, *
 shall be such as are conferred upon the same officers by the act organizing the Territorial government of New Mexico, which subordinate officers shall be ap-
 pointed in the same manner and not eX- ceed in number those created by said
 acts and acts amendatory thereto, to- gether with all legislative enactments of the Territory of New Mexico not incon- istent with the provisi ons of this act. are hereby extended to and continued in force in the said Territory of Arizona, until repealed or amended by future leuislation # ." (The act of Congress entitled An act to provide for additional clerks and extend tho sessions of the Legislative assembly of the Ter ritory of New Mexico. approved March 3d, 1883, was not applicable to Arizona. It was not an amendment to the act or ganizing the Territorial government of New Mexico. approved September 9th 1850: and 1t Is inconsistent with the pro- visions of that act, and hence 1t Is eX- cluded by the express terms of the or ganic act of AriZona.)
 And section of the act organizing the Territory of New Mexico provided that no one session of the Legislative Assembly should exceed the term of forty days, and it provided further that the first session should commence at such times as the Governor should ap- point. Under this act Governor Good win by proclamation appointed the 10th L l,.n lf the commencement of the first session
 of the Legislative assembly of this Ter 1 ritory; and the consecutive forty days thereafter including said first day expir-
 ed on the fourth day of November of
 that year. The first session of the Leg islative Assembly of this Territory un-
 der those provisions of the statute and | the proclamation of the Governor fix ing the time of commencing began on
 the 26th day of September, and continu- ed ID session from time to time until
 and including the 10th day of of Novem-
 Der 1864, which was six days after the expiration of the forty continu-
 ous days after the first ses- sion. As shown by the journals of | that session a complete code of laws known ss the Howell code" was passed | and approved by the Governor on the | Sth, 9th and 10th of November, and after the expiration of said consecutive | forty days. By the provisions of thls code the legislature provided for the | formation and rights of counties, creat- | ed Territorial, county and precinct off cers. created a seal for the Territory, a | Territorial Supreme Court, Territorial | District Courts. Probate Courts and Justices Courts, conferred additional | powers upon the Governor and Secretary
 of the Territory, defined, and authorized | the prosecution of persons charged with the commission of crime, provided fol | the conveyance of property, and the re | cording of such conveyances, located | the seat of the Territorial government | authorized the collection of taxes, the | erection of public buildings, and pro
 vided generally complete system Oi | municipal law. Under this code the | Justices of the Supreme Court of the | Territory held the first term of the | Supreme court, assumed jurisdiction | and heard and determined cases under | and by authority of that code, and each of those Justices severally assumed to | hold Territorial District Court, anC | heard and determined cases brought | before them in those courts under the | provisions of those statutes; the county | governments created by that code were organized, taxes were levied and collect | ed, jails and court houses were built anC | the government of the territory general!
 was administered under and by virtue
 of its provisions; elections were held anC | the people of the Territory cast theil | ,,ylar onI acnorIinfr fn tbn r1rnyI | sions of that code, and it was actually received, acknowledged and in all res | poets treated as part of the law of the
 land. Subsequent legislative assemb lies met at the same time and place fix | ed by that legislature and held thell | several sessions. In that Legislation | they referred to the Howell code" as { | statute of the Territory. The severa ! Governors and Secretaries of the Terri
 tory performed their duties under 1t: | provisions.
 The 11th Legislative Assembly, held in 1881 after the amendment of the act of Congress chang
 ing the duration of the session from forty to sixt days began its session on the 3rd of January am ended it on the I2th day of March of that year | During the session the question was raised am | debated whether the sixty days were consecutive \ or working days of actual sitting, and upon vot | it was held by large majority that they woul | not adjourn until the I2th of March, nine day
 after the expiration of the consecutive sixty days
 but only including sixty days of actual sitting | At this session many important laws and especial | ly the act fixing the time for the meeting of suf
 sequent Legislative Assemblies were passed afte
 the consecutive sixty days had expired, and eac | Legislative Assembly since then down to and iI
 cluding the 14th Legislative Assembly has fo
 lowed that act, and commenced their sessions O
 the second instead of the first Monday in Januar and continued for the allotted time subsequent {
 that day so fixed by the act of 1881 in session.
 that act was void, then the time when they shoul
 have begun remained the first instead of the seC
 ond Monday in January, and the consecutive sixt
 days thereafter expired seven days earlier than t
 time when they actually ended their session, an
 most of the statutes of the Territory now bein | enforced were passed after that time. Hence if
 be now held that the duration of the Legislatiy
 sessions in this Territory is limited to sixty COT
 secutiye and continuous days from the time ike