Graham guardian., 1896-10-09
Chairman.
Attest: MANUEL LEON,
Clerk.
Clerk.
SoLoMoNvILLE, Arizona, !
Sept. %, 1896. I

F. W. Hayes, member, Manuel
Leon, Clerk, by NJ. NJ. Rice, deputy
Absent, A. II. Bennett,
On motion the Board went into
consideration Of a petition of the
citizens of Graham county, pray
ing for q call for an election, for
the purpose of removing the coun-
ty seat from Solomonville to SAT-
ford.
The petitioners we've represented
by j. NJ. McCollum and James
Morris, and the non-petitioners by
G. E. Moorman, W. G. Mcfarland
and F. L. B. Goodwin.
The name of G. Layton was
passed. Mr.. Moorman protested
against consideration of the name
Of David Delft as legal petitioner
on the ground that he was not
represented on the tax roll or on
the great register of 1894 or 1896.
The Board sustained the obiec-
ton. The ruling of the Board was
excepted to by Mr.. McCollum, with
a request that the exception be
specially noted on the minutes
Of the Board.
The great register of 1896 was
introduced to show that the name
Of David Diff did not appear
thereon. Mr.. McCollum objected
to its introduction on the grounds
of incompletness.
Objection sustained by the
Board.
District Attorney Wiley E.
Jones being requested by the
Board to render an oppipion, pre-
sented in writing the following:
To the honorable Board of Sup.
ervisors, Graham county, Arizona
Gentlemen:-In obedience to
your request that 1 file with you q
written opinion as to whether OF
not your body can consider as q
, petitioner for removal of the coun
ty seat the name of one who does
not appear as qualified electol
upon the published great register
> Of 1894 l have the honor to sub
7 nit the following:
Paragraph No. 373 ofthe revised
statutes Of 1887, which has never
been amended reads as follows.
"If the petition is signed by
qualified electors Of the county
equal in number to at least one
fourth of all votes cast in the
county at the last proceeding gen
eral election ETC., the proposition
for such change must be submit
teG."
1t will be observed that the law
says qualified electors" and such
terms certainly applies to the time
of fling the petition. The name
of petitioner may not appear or
the great register of 1894, but he
may be legally qualified at the
time of filing the petition, as q
residence of one year in Arizona
entities him to register during the
present year; therefore the fact
that his name is not on the great
register of 1894 is not conclusive
against him. If the Board should
: entertain that the petitioners name
has been enrolled upon the great
register of the present year, which
has not been completed and pub
lished at this time, he certainly
would be qualified elector'
within the meaning of the statute.
| If his name is now upon the roll of
electors in the pocession of any
registering officer of the county, he
has certainly qualified" himself
as an elector under the law and is
a legal petitioner.
There certainly may be consid-
cradle difficulty in ascertaining the
fact as to whether or not a petit
toner has qualified himself up to
the date Of filing this petition, but
if he really has done so, he cannot
be ignored in considering the petit
ton to ascertain if "qualifed elect
ors" of the county equal in number
TO at least one-fourth of all votes
cast in the county at the last pre-
ceeding general election, have
signed such petition.
Respectfully submitted.
II