The copper era and Morenci leader., 1913-03-21
WILL. B. K. WILLIAMS RESUME HIS
 OFFICE?
Justice of Peace LaIly Still Retains Official Position at Morenci, OW- ing to Absence of Former h.
 cumbent.

Are the acts of the Justices of the Peace who were busted from office by recent decision of the state su preme court legal or are they illegal?
 Lawyers here and in other cities of the state hold different opinions on the question which may prove to have an important bearing on much of the legal matter now in the courts of the state.
 In this county only one Justice Precinct was effected Justice Lally, of Morenci, according to the decision of the Supreme Court, is not now and never was, a legal Justice of the Peace.
 B. K. Williams is still Justice of the Peace at Morenci although MT. Williams is at present sojourning in the adjoining state of New Mexico where he went at the time he was busted from his office by the Board of Supervisors.
 During the time Justice Lally has been acting as Justice of the Peace at Morenci he has performed several marriage ceremonies. He has bound over more than one offender to the Superior Court, has drawn his salary monthly from the Board of Supervis- orS, and otherwise performed all the duties of his office required by law. The Supreme Court of the state says the Board of Supervisors had no right to make the appointment.
 Should B. K. Williams return to Morenci and claim his office MT. Lal- ly, under the decision of the Supreme Court, would be out. The general opinion is however, that MT. Williams will not return. In that event the Board of Supervisors would recognize a vacancy in the office and re-appoint MT. Lally.
 Tn Gila County Judge Shute has in- dicated that he believes the acts of the, Justices to be legal when he re- fused, a few days. ago, to grant free dom to three Miami men accused of ar son who claimed that they had never been given legal preliminary exam ination because their hearing was held before a justice who was later busted from office.
 At the time District Attorney Nor man Johnson cited a great number of authorities, including one federal case in Oregon, which held that although the occupant of a bench might have been illegally seated the acts of that court were legal.
 Release, Men at Prescott.
 At Prescott an adverse opinion is held by the authorities and a number of prisoners have been released from custody. Regarding the matter the Prescott Journal-Miner says:
 Seven men committed to the county jail from Jerome, were given their freedom yesterday.
 They. were sentenced by W. $. Adams, an appointed justice of the peace, and their terms of imprison- ment ranged from thirty days to ninety days. The grist from the mills of other judges who received similar recognition, and who sent mis- demeanor offenders to the county jail here, will be sifted down, and t'-is expected that there will be a general cleaning out when data is secured along this line of official disqualifica- ton. It is also stated that there are in the state peniteniary at present several men who also will receive their freedom, having been bound to the superior court by these self-sane appointed jus ices, to answer to a felony charge, and later convicted.
 Another feature or rather an in- teresting situation has also come to the front, in the illegal marriages that have been performed by these justices, of which there are said to be over a score The principals will have to face the music again if they are of the same mind as before when the fiimsy knot was tied that made them husband and wife by a brevet service only.''