Bisbee daily review., 1912-12-21
PRECINCT LAW
 |S HELDuGOOD
County Attorney Lyman of Maricopa County Believes New Law Affecting Lo-
 cal Officers Is Good
BOARDS SHOULD ACT

h response to a request from the Board of Supervisors of Maricopa county. County Attorney Frank Ly- man has sent in his opinion upon the statute passed at the last regular sos. sion of the state legislature, redistrIet- ing the justice of the peace precincts of the state. Since the time for re- districting, which was in SeDteR,ber, there has been a great deal of con lecture as 10 the constitutionslity of he measure and some prominent law ysrs have held that the law will not stand the test of the courts.
 The county attorney first points out that the law provides :or one justice of the peace and one con. stable in each D ec!uct. Ths old law was the same iu cnis respect except in the case of a town la-ger than 5.0o0 population, which should have two justices of the peace and tso constables. The law also pro vi6edi that the board of supervisors saouid in the firsi meeting in Sep tember 'redisrict tue Justices of the peace. This was done by the Mari. copa board and by every other board In the state.
 The statute also provides that 1ll justices Of the peace precincts, al the present time existing, are sbol- ished on January first, In this case all of the offices being abolished, the offices would be vacated and ac cording to subdivision 17. paragraph 975, of the revised statutes of 1901, the board of supervisors of each county is given full power to fill any vacancies in county and precinct ot' fices, except that Of a member D. the board of supervisors or Of the probate judge. This would clearly indicate the course that the board would have to follow in the matter.
 In touching on the consdtutionality of the statute, MT, Lyman says.
 'Jt has been intimated that the act in question may not be in re spects constitutional, in that the les islature has no authority to yacate these precinct offices and that, there fore. no vacancies would occur. do not take it that it Is the duty oi the board Of supervisors 10 decide upon the constitutionality of this or any other statute IL is tho duty of the DOaTQ lO pEOSEtu III aStp4 ucHSS H4AA the statutes as the legislature has framed them leaving unconstitutional questions to be decided by the courts, should proper proceedings be taken to determine such questions. might add. however, that the subject of this statute seems to be one for legisls. tive action, the constitution of the state provides no fixed number ot justices or constables to be elected nor limits nor defines the terms for which they shall be elected, and as the present iucumbents Of those or. fees the constitution says that they shall continue in office until their successors are qualified. These Of Aces having been created by statute, I take it that the legislature has thc power to further legislate upon the subject. changing the number of justices of the peace and constable5 for any precinct as has been done 10 this statute and fixing also the terms of office. .- -'-.
 Assuming that this act is cousti, tutional, the board has the plain and simple duty of carrying out the laT as it finds it"