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Newspaper
Tombstone Epitaph
Location
Tombstone, Arizona, United States of America
Date
Mar 29, 1890
Page
3
Long list of local notes: baseball season soon, upcoming elections and voter rules debate, disincorporation talk, court cases, mining activity at Oso Negro and Tribune mines, Easter and Good Friday plans, and social events at Turner Hall. Mentions of Fresh strawberries, ministers, and various residents like Max Marks of San Pedro visiting.
Col Joan Fenechin commander of the Gendaumerie Fiveal for Savor a and Lower California visits Tombstone with staff seeking information on border raids. The colonel, a Mexican regular army officer with brevet general rank, commands forces under Treasury Department oversight and customs supervision. He will return Monday.
The Arizona Supreme Court in January 1890 addresses a mandamus suit by Cheyney against Territorial Treasurer Smith over paying a warrant. It rules the territorial organic law constrains sessions to sixty working days excluding Sundays and holidays, not sixty consecutive days, affirming the act’s validity. The decision discusses the Organic Act as the territory’s fundamental law akin to a state constitution and cites prior cases on territorial governance and constitutional interpretation.
The court upholds the 1889 appropriation as valid, enforcing a sixty working day limit for territorial legislative sessions. It cites historical practice under the New Mexico Organic Act, conforming to cases that favor legislative construction and refrain from voiding acts unless clearly unconstitutional. The opinion notes dangers to public credit if invalidated and warns of unsettled rights. Also brief notice of local Indians and collector demand appears.
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