Arizona republican., 1908-03-28
LOCAL OPTION
 WAY OPENED
By a Decision of the Su-
 preme Court
K. E. Daggs Discharged. Other Events In Clearing Of the Docket.

The supreme court wiped off the been submitted to it at the January meeting and such as might have been held over from earlier sessions were disposed of Those who have ire quently alluded to the court as a court of affirmation were contradicted most effectually and those who have be- lieved that a body of district judges could not really constitute an inde- pendent supreme court were undeceiv- ed.
 The business of the day abounded in reyersals and notifications and Opin- ions dissenting wholly or in part from the majority, illustrating the variety angles from which the members of the court looked at the various ques- tions which had been presented. It was remarked by attorneys that the proceedings yesterday partOok more of the nature of those of a supreme court of the older states than the oldest practitioner at the bar of Arizona could remember having seen.
 Some sixty cases were decided yes terday and in which written opinions we're submitted. The one in which the people of this county were more inter ested than in any other was that of Joseph Thalheimer against the board of supervisors to restrain the board from ordering a local option election under the law passed by the late legis- lature. Application had been made to Judge Kent for an injunction against q, il being the understanding that the case should go as quickly as possible to the supreme court. The appeal was argued at the February meeting Of the board. The application was based on the ground that the law delegated to the board of supervisors a law making power in that if the people of the county should declare at the election in favor of prohibition, the prohibition would be enacted by an order of the board. It was at first thought that the objection was a sound one. A local option law in Texas had once been de- clared invalid on that ground and the con stitutiOn of the state was amended to permit such a delegation of power by the legislature. But at the hearing in February several opinions Of the United States supreme court were pre- sented sustaining the authority of the legislature to delegate that power to county commissioners and super VisOrS.
 Another local matter was disposed of yesterday. The case of R. F. Daggs appellant against the territory re- spondent. was reversed and the appel lant was ordered discharged and his bond was exonerated. The appellant had been convicted of a criminal as sault upon a girl by the name of Esther Power. There was a great deal of doubt at that time as to his guilt and that doubt has since been greatly strengthened by the finding out of more about the character of the com plaining witness. It could not of course be supposed that this revelation had anything to do with the opinion of the court
 The case of Lee Ford who was sen fenced to six months in the county jail having been convicted of a conspiracy to violate the Edmunds act. by keeping or permitting his wife to remain in a house of i'll fame was reversed the court holding that the indictment was defective Ford does not become much