Bisbee daily review., 1912-12-15
WILL ENJOIN
 SUPERVISORS
Precinct Suit to Tombstone Yesterday; Will Come Before the Supreme
 Court of State
DECISION TO BE FINAL

The papers in the suit to enj0in the board of supervisors of Cocniss county from declaring the county pre- cinct offices vacant on January I, were forwarded yesterday 10 Tombstone. lt Is expected that the case will come before ihe superior court this week
 Every effort will be made to have the case come before the supreme court before the end or the month.
 Unless finaG action on the insunc
 lion Is taken by the supreme cour,
 before the beginning CT the new year. peculiar legal status. as re. gards justices oi the peace, will arise The board of supervisors has
 already redistricted the precincts ard, unless it Is decided whether this can be done and whether the ofices can be declared vacant. an endless controversy might arise as to the right oi present justices of the peace t1 administer the law It could be held that they we're not legally empowereS to s,ye decisions or administer the law as their offices would be tech nically vacant.
 The filing of the injunction suit b the last step in the legal battle that is to be Waged to declare the I@Ia passed by the state legislature, ieclaI. ing precinct offices vacant on January 1, unconstitutional and thereto re void
 This will be the question 10 be de c.dsd by the supreme court. The court will be asked to 'enjoin the
 board Of supervisors from ous ing present precinct officers, from dec ar. ing the precinct offices vacant, from i putting in new precinct officers Of from interfering with present pre- ! cinct officers" The action Of the su. preme court in the Cochise county case will, of course, be applicable in ! the case Of all precinct officers in the state. Or these there are about 179. equally divided between justices Of i the peace and constables.
 i The attorneys for, the precinct off l cers are J. Nj. Ross and ". B. Cleary. ! The suit for an. injunction is being | uiade on the ground that the law l passed By the legislature is m con | liict with both the state and federal l constitutions. The fourteenth amend mOnt Of the federal constitution stipu ! Llates that no property shall be tax i en without due process Of law or that TO officer shall be deprived Of his ] office without due process Of law. 1 klong this line the request for al 1 Injunction says that the board Of SD ! peryisors and the act in effect trans fel the offices Of the present officer: [ to others and that the act does no ] abolish the offices. That the office o ! justice of the peace is elective ant I d constitutional office and that no act i Of the legislature can deprive a con
 stitutional officer ot his office before the expiration of his term. That thu | fers the offices Ot present officer. i peace. under the constitution ana laws. will not expire until the year
 Im4. The injunction is asked in tn,
 case Of Justice of the Peace T. D liurdick The decision in the case vii
 te final for all precinct officers.
 The fight to declare the law un constitutional is being supported b,
 nearly all precinct officers in th'
 state. A fund for the hiring Of attOT
 neys has been created and many sub
 scriptioHs from precinct officers 10 !
 have been received. It has been re | quested that each precinct officer con
 tribute onathird Og one months sal
 aTy to the fund.