Arizona republican., 1899-01-18
MURPHY'S MESSAGE
Continued From Third Page.)

sponsibility Of the patronage involved
 but I believe the territorial system O
 government wrong in so far as it de
 nies to the people voice in the selec-
 tion of their official agents, especially
 after a territory is qualified by wealth
 intelligence and population for self
 government; but upon careful investi-
 gation I find that the law specifically
 and absolutely declares against the le-
 gality of such elections during the ter
 ritorial condition, as the following
 opinion of the aittorney-general clearly
 determines:
 Office of the Attorney-Gener eral, PhOe-
 nix, Arizona, Jan. 12, 1899.
 Hon, N o. Murphy, Governor,
 Phoenix, Arizona.
 My Dear Sir: Referring to your
 communication of January 18th, in
 which you ask to be advised if under
 the statutes and organic act of this
 territory it would be competent and le-
 gal for the Twentieth legislative as
 sembly to create districts from which
 could be elected members of the board
 of control and members of the terri
 torial board of equalization; and. if,
 under the organic act, the legislature
 has the power to create such districts
 and make it legal and proper to elect as district officers members of the
 board of equalization and members of the board of control, would say: That the questions here involved depend up- on, first, whether these officers are ter r;torial officers or township, district and county officers. If they are terri torial officers, the legislature would have no power to provide for the man. ner Of their election or appointment, for the reason that the organic act of the territory sec. 1857, expressly pro- vides that all other officers, except township, district and county officers and justices of the peace and general officers of the militia, shall be appoint ed by the governor, by and with the ad vice and consent of the legislative council of the territory. In my opin- ion, neither the members of the board of control nor the members of the ter ritCrial board Of equalization are township officers nor district officers nor county officers within the meaning of the provisions of the section of the organic act above quoted These are not in any sense local officers; they are general officers, whose duties concern and pervade the entire territory of Ari- zona, and whose functions are per formed for the benefit of the whole ter ritory. They may, no doubt, be created by the legislative assembly, but when so created they become territorial off, cers and the governor alone, by and with the consent of the legislative council, has the power to fill these of fees by appointment.
 A similar question to the one here involved was before the supreme court of the United States, in the case of Clayton vs. The Territory of Utah, 13z U. S., p. 632. The question there in- volved was, whether the legislative as- sembly of the territory of Utah could authorize the election Of auditor of public accounts. There the organic act is subs, antiaNy the same as above quoted, and the court, speaking upon this question, said:
 "All township, district and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be. in such manner az shall be provided by the governor and egislative assembly of the territory of Utah. This defines very clearly the power of the legislature of Utah in for appointments to office. | The next sentence in the same section | declares that the governor shall nomi- | rate and, with the advice and consent | >f the council, appoint all officers not | herein otherwise provided for; that is | U ell4 OlA4SC+o OA LAS LC1 I4LC1y HAO Ire township officers, district officers IT county officers, shall be appointed in such manner as shall be provided by aw, namely, by a statute made by the governor and legislative assembly of he territory; but all other officers. all | which are not local or confined in their uties to some particular township, dis rict or county, shall be nominated by l. he governor and by and with the ad- ice and consent Of the council ap- ointed.
 That this mode of dividing the pow T of appointing to offices within the erritories is one to which congress at- lehed importance. is seen from the act that it was subsequently, adopted ] the organic acts establishing the ter Itories of Washington, Colorado, Ari- ona, Dakota, Idaho, Montana, Wyom- lg; and it is reproduced as applicable 3 all the territories by section 1857 of he Revised Statutes
 Section 1857, above referred to, Is UT organic law on this subject The Ourt in that case furthGr said:
 "The office in question is not a town { hip office. nor is it district office, nor l it a county office. It is not in any sTise local offfce.< It is a general of ; ce, Wncae duties concern and pervade lG LSIElLO+y LII V Lciu. duQ WUO5t motions are performed for the benefit f the whole territory. {
 "The sixth section of the organic act (
 relied on as conferring upon the leg | ,1Rture of Utah the authority to pass | lR net of 1852 and Of 1878 in question: Z he language of section six of that act ( ! that Fhe Legislative power of said ( srritory shall extend to all rightful objects of legislation consistent with { he constitution of the United States ( nd the provisions of this act,' and it is l .4nediately following this section that l
 is declared that the governor shall ( omlnate and, by and with the advice l nd consent of the council, appoint all ] mcers of the territory. except town { lip. district and county officers. The t of an act which declares I .lrL, .r.l,r,