Arizona republican., 1898-09-27
NOT THEIR YEAR.
County Assessors Cannot
 Conc In at This Election.
AffOrneY-GeneraI AinSWOrth'S Con. SffuCfion of Tin Horn Act
 No. 24.

The following opinion by Attorney General Ainsworth in reply to an in quiry by Governor Murphy will have the effect of shortening the republi- can and democratic tickets of this county by the removal of the candidata for assessor. L. W. Coggins, the re- publican nominee, was chosen at the convention B. F. McFall was lately nominated by the democratic county central committee, the, office of as sessor having been passed by the dem ocratic convention.
 Whatever the late overwhelming democratic legislature may have had in mind when it passed the law mak- ing the office of assessor elective again is a secret which perhaps is not shared by any of its members, though one would naturally suppose that the legis- lation meant that the office should be- gin operations on January l, 1899. The attorney-general holds, though, that since the office is not in existence and will not be at the time of the election, there is no position to which the can didate for assessor can be elected.
 The following is Governor Murphy's : inquiry:
 Office of the Governor. Phoenix, Sept.
 
 Hon-C. F. Ainsworth, Attorney General, Phoenix
 Dear Sir:-Act No. 24. page 6l, laws of the Nineteenth Legislative Assembly of Arizona, requires the election of asses sors in counties of the first and second class of the Territory in the following language:
 '.In counties of the first and second class an assessor shall be elected at the same time and in the same manner as other county officers, whose term of office shall be two years, until his cessor shall have been elected and quail The language of Section of the Act is as follows:
 This Act shall take effect and be in force from and after January 1st, 1S99.'' The question arises as to whether or not, under the specific language of the Act quoted, it will be proper for me to include assessors for the first and second class counties of the Territory in my general election proclamation for the year 1S9S. Kindly give me your opinion on the matter at your early conve nience.
 Yours, respectfully.
 N. O. MURPHY, Governor. To which the attorney-generaI re- piled as follows:
 Phoenix, Ariz.. Sept. 26, 1898. Hon. N. o. Murphy, Governor. Phoenix, Arizona.
 Dear Sir:-Replying to your favor of Sept. 26. 1898, in which you ask if, under the provisions of Act No. 24 of the Nine teenth Legislative Assembly, it would te proper for you to include assessors for first and second class counties of the Territory in your general election proc,a- nation for the year 1898, would say that a in my opinion there is no law now in force authorizing the election of asses sors ill first and second class counties Of the Territory. Act No. 24 aforesaid is not operative until after the first day of Jan uary, 1899; and until it goes into force ana effect there is no provision for the election of assessors in first and second class counties; I am therefore of the opinion that it would not be proper to include in your general election procla- nation for the year 1898 assessors for these counties. Yours, very respectfully,
 CHAS. F. AINSWORTH,
 Attorney General