Arizona republican., 1913-03-13

Boundaries very much extended and enlarged over what was formerly known as Precinct No. ?" That pre- cinct No ,, as it existed at the time of appellants election was abolished by chapter 42 laws 1st legislature of Ari- zona. on August 18th, 1912. to take ef- feet on the first day of January 1913. and that the term of office of appel lant expired by law on the same date. 1 That on January 3rd 1913, Walter 1 Thomas was appointed by the said l board of supervisors to fill the va cancy in the office of justice of the peace in and for said precinct No. ?. so created by said board on September 1 3rd 1912 That Thomas duly qualified | and made demand of appellant for the 1 possession of said office, which was refused That appellant continues to l usurp. hold and exercise the said office ] to the exclusion of said Thomas. The appellant interposed general 1 demurrer to the complaint. He also 1 challenges the constitutionalty of | chapter 42. supra. and the action of the board of supervisors in it's proceedings | thefeunuef.
 By our constitution. Art. VI. sec. l, the judicial power of the state is vested 1 in a supreme court, superior courts, 1 justices of the peace and such courts l inferior to the superior courts may be provided by law.
 ! The office of the justice of the peace 1 x one of great antiquity and because of it's ready accessibility to all of the people and it's expeditions dispatch of business and the informalitN of it's proceedings many of the states of the union have mad" it d constitutional of fice It is made so by our constitu- ton
 The law is well settled that when the term, qualifications. salary or method of election of a judicial officer is pre- scribed by the constitution, the legisla- lure is incompetent to change. modify, | or in any manner interfere with such l Teuulrements in the organic law. eX- cept as that instrument may allow. Cooley COnSt. Linn. 3SS and note. The same author lays down another equally l well settled rule. that where an office l is created by statute, it is wholly with - in the control of the legislature. The term, the mode of appointment, and the compensation may he altered at piCasure and the latter may be even taken away without abolishng the of flee" Id
 Section II. Art. VII of the constitu- tion. provides for biennial elections of state county and precinct officers. ! This section. when construed in con necticn with other provisions of that instrument we think definitely fixes the term of office of justice of the peace to two years. This term of office is constitutional and cannot be changed by the legislature.
 Section 9. Art. VI of the constitution. provides. that The number of justices of the peace to be elected in incOrpor- ated cities. towns and precincts.
 shall be provided by law" It WIS in
 pursuance of this power conferr;d on
 the legislature to provide by law the
 number of justices of the peace that
 chapter 42. as an amendment of para
 graph 94S of chapter ] and paragraph 1051 Of chapter III, title XIV. R. s
 Arizona 1901 was enacted. The
 amended sections read as follows:
 "94S" (Sec 21D on the first Mon
 day in September. 1912. the board of
 supervisors of the several counties of
 the state shall re-district their counties into justice precincts; such re- district
 ing of the counties shall take effect and
 be in force on the first day of Jan
 uary 1913 and all justice precincts
 now in existence, are hereby declared
 abolished on and after the first da1 | 1f nt
 justices of the peace and constables now in office. are hereby terminated
 on the first day of January, 1913"
 "1051. CSe". 124D The officers o
 justices precincts are one justice of the
 peace and one constable"
 l By this act the legislature has un- l dertaken to prescribe the number o l justices of the peace ito be elected 1T 1 incorporated cities. towns and pre-
 cincts' CD by directing the boards ol
 supervisors of the several counties tC
 re-district their counties into precincts
 and, @ by providing one justice of the peace for each precinct The legisla-
 ture in doing this acted within the
 powers granted it by the constitution
 But the act goes further and abolishe$
 all justice precipcts and terminates tn,
 terms of office of all justices and con- l stables in the state. All these officers
 had been chosen under the laws of tho
 territory of Arizona and in the trans
 action from the territorial government
 to the state government no provision
 for the election of precinct officers was
 contained in the Enabling Act and or dinance No. ?. and hence, none wa:
 elected in December 1911, at the time
 state and county officers were chosen
 In State vS. Osborn, 125 Pac. SSS, S91, l
 was held that the constitution made n' . l provision for the election of precinc officers until the first general stat
 election and that they would hold of flee until their successors are elected at that time and qualify.
 , The framers of the constitution, il ! order that the change of government
 might be effected without a suspension | of any of it's functions, provided, il Sec 6, Art. XXI, that "all territoria . district, county and precinct officer | who may be in office at the time of tn = admission of the state into the unio i shall. hold their respective offices unti