Year: 1876

The proposition decided by Judge French in the census matter, as we understand it, does not really touch the question of fraud, with which they charge the Census Marshal, Board of Supervisors and people of Yava- pal County, but simply dissolves the injunc- tion, which he had granted, on the grounds that the Legislature had the right to consti- tute the Territorial Secretary the custodian of the census returns. and authorize him to count and proclaim the result, and further more that he, as Judge at chambers, has no jurisdiction over the acts of an officer of the United Ststes to prevent him from per forming the duties which devolve upon him either as such officer or as the agent of the Territorial Legislature, and especially as in this case where the substantial political rights of the people are so largely involved.

 We understand the Judge was greatly in doubt as to the propriety of issuing the in- junction on the application of plaintiffs at- torneys and the affidavit of Tool-e, and did so only after due consideration of the fact that no one could be injured by it inasmuch us there would be plenty of time to make the apportionment, and issue the Governors proclamation after the time set for the hear ing. The Judge has done no more than a simple duty in deciding a proposition of law correctly, according to reason and pre- cedent, land while he is entitled to the re- spect of all who love justice, we see no req son for any special mark of favor or com mendation from the people of Yavapai to Judge French, any more than we should show to Judge Tweed when he decides that prisone, is guilty or innocent according to the law and the evidence in any given case. \To compliment him by public demonstra- vtion is to assume that he has favored us, or gone out of his way to construe the law to our advantage, which is not true and it is not at all likely that he would regard it as complement to his impartial judgment, should we by implication place him in the false attitude of having espoused the side of Yavapai as against Pima

 Since the above was in type, Murat Mas | terson, Esq, who so successfully managed | and so eIoquently argued the case alluded to, before Judge French, at Chambers, has arrived from Tucson, and kindly furnished us copy of the Judges opinion and deci- sion denying the injunction and dissolving the restraining order heretofore granted.

 Want of space compels us to-day to pass the matter without such notice as it de- serves. The nasty examination we have been able to give to the opinion, convinces us, as it must all who read it, that the Judge has taken unusual pains to be right, and place himself on record, whereas, the mat ter being heard at Chambers, simple yer pal opinion would have been all sufficient lad he not been determined and anxious to place before the Bench and Bar, as we'll as he people of the country, the exact state If the case, and the grounds upon which his decision is based

 The opinion dodges nothing, conceals othing, but is a manly, learned, impartial :. egsl opinion. We are ready to accord to he Ceief Justice all that the California |, apers claimed for him at the time of his pPointment, viz: Honest, learned, both :, literature and law, and incorruptible." Will give the opinion in full next week.