Arizona weekly journal-miner., 1890-04-02
THE HOLD OVERS HoISTED.
Arizona's Supreme Court Decides tast the Acts or ihe 18th
 Legislature are Valid.


 The acts of the 18th Legislature dswn ts Us adjournment, April 1eth. 1889, were declared legal by supreme csun decision filed with Clerk Walker teddy. Tine democratic hsldovers un- der Zzlick hsse SC longer sEy excuse Ter further obstruction et the Territe- rial oiless and husisess. They have ciamored for decision in .aver of the Wolley aPpsiRtses. That decision IS at hand. Will they keep their promise and gracefully step down and oxtf
 T5s case decided to-day hss been heretofore described in the Herald. 1t was argued last January, and is eHti- tied. George " Ckeynsy vs. John |. T. slaiib," the former being Terri tsriaI Superintendent ei iastrnctien. The opinion is nine pages Of type writ ten legal csI iH length. We csn.snly give sn abstract teddy. SuPerintend- sni Chesney made application for slandsnas to compel defendant, ss TerritSrisi Tress urer, to issue salary warrant, under the appropriation bill passed April l4th. 1889
 Tse court says this Is an soti'H to de- ternins the validity of acts of the 18th Legislature passed after session of sixty consecutive days. The Journals she~ session that began Jan. 2l, 1889, and vas aajouTned sine die April le, 1889; slse that the Legislature actI- ally sst but forty-eight working or leg isi&tiye days. The act sf Congress limiting the sessisn to sixty days is mandatory, and the eeurt must decide whether it rsssnt consecutive" CT 'wsrking" ]. e. Legislative" days. The court holds to the latter view, and cens- esEes the act in question uith o.her ssaendstsry or supplementary acts by congress relating to our Territorial government. The organic act ought to bear the saEe relation to Territory that constitution dces 10 its State National Bank vs. Yanktsn, iith Otte. 12s, Is cited to support this proposition. The same rule of construction there- iers applies in both eases, and cotens- per&aeous construction by the author ity ts be governed, long acquisced iE, should be followed hy the courts. Chief Justice Chase adopted such con-
  stTuctiss in considering Territorial or gsnic acts, (i3 Wallace, s34), CD case frsEs Ulsk.
 Under the New Mexico organic act, which was applied to Arizons, the Howell code was passed by the srst Legislature, in 1864. after the forty days prescribed by that act; other i'm pertant legislation was in like manner had This Legislation was unaues tioned. The saae fact is true in the Case of the 1lth Legislature in 1881, wkilh expressly refused to adjourn after tke sixty consecutive days. Our have therefore uniformly recognized sctus! working day sessions, rather than consecutive days.
 Te the same effect is the Alabama [ iscisieD, aeog vs. Randolph, 77, Ala, eos.
 Furthermore, Congress must have reElizee tkst no sessions could be held | CD Sundays ar holidays. If, thsH, it ietsnSed that these days should count ss pArt of the sixty, it would have SC expressed itself in enmistakable terms. i legislative act should be set aside ! by the csurts "oniy when il violates tAe Constitution for organic acD clear iy, Palpsblys plainly and suck s man ner ss io leave no doubt CT hesitation n our minds." Nsny authorities are cited ia support of this principle
 The opinion thss concludes:
 ''In view of this well seitlsd rule rec sgnizss in the foregoing csses. apart iron the view we fake ef the organic law, viz, that tse Legislsturs is limited iH its sessioa te siX.y consecutive days, ss oentended, We would hesitate before heidins that the Legislature had in shis instance trsGscenGed is powers ans violated the fundamental law of 'he TeTri'ery; especially when we cen sider thst this in effect weuld be to an- nul many ol the laws now in force and thus disturb and unse.tle tA public credit. destroy private rights and bring 1 disc ster upon ths Territory. From 1 the foregoing considerations we hold 1, that the Appropriation bill passed by | sAe 18th Legislative Assembly and ap- proved April le, 1889, is valid law, sae that She plaintiff is entitled to the Eri,.
 The writ will issue.
 RICHARD !. SLOANE, i. J.,
 JOSEPH H. KIBBEY, 4. l." D Chisf Justice Wright 3issehts ID SEg sns acril opinion oi fifteen pages. g Herald. + want +saSy Damages. | '