Bisbee daily review., 1912-12-17
GRAHAM JUDGE
 ExPOUNDS LAW
Declares New Law Ousting Precinct Officials Was "Smothered' Through
 Arizona Legislature
SHOWS MUCH FIGHT

W. B. Fonda, justice Of the peace at Safford. writes the following to the Graham Guardian.
 A considerable difference of opla- ion seems to exist as to the consti. tutionality Of Chapter 42. first sess. sion laws Of the state of Arizona.
 This act was renumbered ani smothered through the legislature by the members from Cochise. That the act is in conflict with the state constitution there can be no donbt. That the intent of inc bili was vie ious as to certain justices and coa- stables is beyond question. This kind of special legislation will not stand, and the late decision of the supreme court of Arizona. in the case of the State of Arizona vs. Os- born, Secretary of State. will bear me out, in my opinion. notwithstand- ing the opinion of the attorney general. which seems to have been set aside by the late supreme court ruling.
 A justice Of the peace is a part of the judiciary: if he is not, why does Art 2. Sec. 30 State Constitution, provide: No person shall be pros ecuted criminally in any court of record for felony or misdemeanor otherwise than by information pr indictment. No person shall be prosecuted for felony by informa- tion without having had a prelim- mary examination before a magis- trate, or having waved such prelim. mary examination.
 This point was settled in the su- perior court in the case of the State of Arizona ys. T. D. Hooks and others The county attorney of Graham county insisted this was the law, notwithstanding the constitu- tion provides otherwise.
 Art. 6, Sec. 24. provides: No change made by the legislature in the number of judges shall work the removal of any judge from office. Therefore, the justices of the peace, being a part of the judiciary. they can not be legislated out of their office before their time expires, without being in conflict with Arts 22. which reads. All laws of the Territory of Arizona now in force not repug- nant to this constitution, shall re- main in force as laws of the state of Arizona until they expire by their own limitation. or realtered or re- pealed by law. Provided, that where ever the word Territory appears in said laws the word state shall be substituted"
 There being no provision made in the constitution for the election of justices Of the peace and constables, it is beyond question that under the ruling of the supreme court Of Ari- zona, which says: Tt cannot be seriously questioned that State. county and precinct officers must stand for election in 19l."
 Art. p, Sec. 6, provides that ali territorial district, county and pre- cinct officers who may be in office at the time of the admission of the state into the Union, shall hold their respective offices until their success sors have qualified and the official bonds of all such officers shall con tinne in full force and effect while such officers remain in office.
 Sectio nl2, of the same title. pro- vides: The term of every officer to be elected or appointed under the constitution. or the laws of Ari- zona. shall extend until his successor shall be elected and shall. qualify 70 Quoting further from the late su- preme court decision. precinct of fees are in the same situation as the other offices created by the con- stitution. They were in office on the date of the admission of the Territory into the Union, and by virtue of Sec. 6, Art 22, they con tinue in office until their successors have been elected and qualified. No