Mohave County miner., 1884-07-20
REP,BLlCAN TIcRET.
The Railroad Taxes.

We have been given TO understand
that the Board Of Supervisors Of this
county intend to make d compromise
with the Atlantic and Pacific rail
road company in regard to their
taxes. and that this compromise viii
be on the basis OF that made last
year. We are alsofniormed that the
attorney Of ihe company will appear
before the Board at an early date for
the purpose Of representing the CON
pany when the agreement is entered
into.
In considering this matter these
questions arise:
First. Whether, ia view OF the
proceedings had at the last meeting
OF the Board, We have legally con
s.ituted Board Of Supervisors in this
county at the present time.
Second. Have the Board of Su-
peryisors the legal right 10 com
promise with the railroad company
in regard to the payment Of taxes.
Third. II they have, and they
take that position by their actions,
have not private individuals as much
right to COMPROMISE their taxes as
the railroad company.
In discussing the first question We
MAINTAIN that we have nc legally
constituted Board Of Supervisors al
present, nor at any time since the
first OF January 1883, for the follow
ing reasons; The statutes OF Arizona
(paye 69) provide that "sll yacaueies
in county and township Offices, ex
cept that Of Probate Jadge, shall be
filed by appoiu ment Of some suit
able person - I'LL such Office by the
Board Of Supervisors, such persons
80 appointed 10 hold Office until the
next succeeding election. or uDti
their successors are elected and quail
fled" The present chairman OF tie
Board was appointed to I'll a yacan'
cy some months pTevious 10 the gen
eral election OF 1882 At that elec.
tion his sucerssoE wag regularly
elected but did nos quality because
the Probats Judge fakiag litter,
ent construction q lha !aw. ysinsed
10 give .im eertiacaio e s'esiicn
and he did not care enough ioE tbs
Office TO eniorcs a.s ri2ass ,a th'
courts as be shouid nave doue. In,
result is tnat 5uDaTgssor harI; bs-
bsld ON IL bis sess 70 M present
time, N defiance OF the statutes
which expressly 5sys iaat ~ count!
officer appointed 70 Gil a yacsne!
shan bid over Z, ners' election
What is there 10 preyenl Mr.. Hsrdl
or any other ficisi fTom keepip,
his ofiice yesr after rear We an
swer the will Of the people as show;
through the ballot bcx And il )
because the viii of tb. p,-ople IS 10
fundamental principle Of our gov
erpm mt thai our sia,utes urOyid'
that no appointed offieer shall hole
over general election. We beliey,
ths. this principle is thoroughly un
dcrstood and accepted by The ables
legal talent 10 the land, and by al
the great law writers
But again, take the action % tb
Probate Judge and Treasurer tw'
weeks ago III declaring the seat o
Supervisor Grounds vacant. by fes
son Of bis absence from ihe Tern
tory. Had tEeF .be rgh. to declsr
vacancy They clearly nad IN
right to fiii vacancy but Nc nucI
doubt il the statute gives them 90
right TO declare one. Il might NJ
der certain circumstances but 10
under the ones on winch they acted
The proper parties to declare va
csncy in The Board Of Supervisor
are the members themselves by yes
oluaon duly entered or lbe,r rGir
utes. Supervisor Hardy was in "a
vor Of DONG 50, but supervise
Henkle refused for the reason tha
be did not believe that under th
circumstances the Board bad ,b
right to declare a vacancy, Supe,
visor Grounds being only lempori
Yily absent, end not having been on
of the Territory but little over sixt
days Hence we are Of abs opinio
that the action Of the Probate Jndg
and Treasurer was premature. an
that there is 10 say the least, consiC
cradle doubt whether Supervise
Clark. the new sppoietee, IS legal
appointed member Of the Board {
not. The present legal status Of Ii
Board is matter Of so much doul
that it would be very unwiss I,
them 10 transact any important bus
ness nnfil the matter iE finally o.