Arizona weekly citizen., 1886-04-24
Tucson, a. T., April 16 1856

J. Q. Handy, Member; Chas. L. Drake
Deputy EXON 10 Clerk
Absent Geo. W. Teitsworth, Member
The minutes of previous meeting were
read and approved.
Judges Alexander Campbell and Chas
Silent, special counsel on behalf OF
the county, IN the suits to re-
cover the bonds OF the Tucson
& Gulf OF California Il. Il. Co.,
were present to report the status OF
said suits and also to submit PROPOSE
ton from claimants OF SAID bonds to
surrender them to the county. There
were also present the following tax pay
ers: ID. Henderson. Fred MASH, Thos.
DriscOll, @. /. Etchells, Thomas Cords,
w. O. Davis, Saml Hughes, Lewis
Wolhey, K. V. Bloxtor, II. \. Johnson
and IL Il. Richardson.
A communication from the attorneys
explaining the nature OF suits now pend
ing, together with the proposition to de-
hver the bonds to the Board Of Super
visOrs TO- cancellation, was read and
ordered spread on the minutes.
TUCsoS, a. T., April II, 1856.
To the Board OF Su peryiso1s OF Pima
county:
GESTLEMEN.-1ou are aware that we
have been In negotiation for some time
past, with view Of bringing about a
speedy settlement OF the litigation con-
Corning the Port LobOs Il Il. bonds.
These bonds are now III San Francisco,
and held by the AnRlo-CalifOrnia bank,
which originally claimed TO hold them,
TO secure "a debt due it from Hudson i
Co. Stiles, as assignee, claims to be en-
sItled to hold the bonds as pledge from
The Tucson and Gulf Of California Il L.
Co, to whom they we're issued, TO secure
a debt OF $4,000 due Hudson x Co.,
rom the X. Il. Co. Alb ut a year ago,
We secured for the county by means of
compromise, the surrender to the
county. OF all the interest 81 the II X.
Co. IN the bonds, which interest was the
right to the bonds themselves subject,
however, "a tine pledge for 1890, which
Stiles claims. II the bonds themselves
and the pledge 20 Hudson x Co, are
lawful. After this compromise, tie con-
test Was narrowed down TO the county
on one side, and STILES az assignee on
he other; We claiming. that the bOrds
are void, and that 20 pledge thereof was
made to Hudson K Co.. and Stiles rs the
"a II NAAEt.AA a U.s. G4atA q.
that the bonds are valid. ami that he Is
entitled q nIs S2J.OJJ o-llre surrender
ing the bonds. Three suits are now
peudIng pertaining 10 this controversy
lst. this suit brought by the county
against Stiles, TO aunul the bonds; 2d,
suit brCugh; n the United StG,cs cir
cult court IN San Francisco, against the
ADglO-C California bank 20 prevent the
bonds being passed into the hands II
innocent persons, AID 81, a SUIT h. Stiles
against th- K r Co, 20 recover the
ebt OF S2O,cU0 due Hudson & Co.. aud
for which he claims 10 hold the bonds as
security. The last named suit vas tried
last year, AID was defended by US for
the county, and was u8deT achievement
and no. decided when Judge Fitz-
gerald was removed snl vii! have to be
tried again.
In our Efforts TO settle this litigation,
many propositions have been made and
considered ly both sides, and we have
at last reached one. which we now sub
NIT 10 you, and advise that yOu accept it,
namely:
Mr.. Stiles. assignee, offers 20 take the
$500 in the County improvement Fund
applicable TO the payment Of said bonds
and warrant on the general fund for
500 aud surrender b. the county all of
his interest in the $4,000 OF bOEds now
held for him by the Anglo California
Bank In San Francisco aud to consent
to decree of the court IN the case Of
Pima County against Stiles. Eanulliug
and cancelllng its bonds and eEi5lnlug
the treasurer from paying them. The
- bonds now IN San Francisco are to b.
brought here and surrendered To the
court for car cellgtiOu. Tie Anglo Cal
if"rniG Bank viil lot, however, LEI the
bonds 60 ont OF It's hands, unless the
suit con mtuced N San francisco
against IL. Is first dismissed. and in &C
ceptIng the proposition, That suit will
have To be dismissed. IL Mr. Stiles
proposition IS accepted, "a decree will ut
once be entered, canceliing and anrul-
ling the whole ISSUE Of these bonds gs
fraUdu emily and Illegally issued ard the
treasurer will be perp-tuailY enjoined
from paying them and 30 % the bonds
will be actually surrendered and can.
celled leaving on: one bond which has
become scattered.
We feel absolutely certain thai We
can carry the county successfully
AAllN AAtAkhNAAA UaAAA nave NAtEN
bunds adiUdEed null an void, and also
defeat the claim % Stiles. But while
this is our opinion as lawy ers, as bus
mess men. anu from a business stand
point 1t Is cur judgment and advice that
the proposition made is q good one for
the county, and ought to TO accepted.
The suits now pending sre % cODsidera-
BILE magnitude. and trial thereof,
through It9 various stages, will involve
the county III great expense. The small
est and least important % the cases
which we tried last yeAT.-Stiles vs..
Il. K Co.,-occnpisd a week IN the triRl
and at considerable cost. TO carry the
litigation through 20 a successful end
ing would, We think, cost the county as
much, as II is now asked to pay, and OF
course il would take time TO reach such
an end. This large debt would be hang
Ing over the county, IN the meantime,
with chances for future complication,
aud the uncertainties whichap pertain to
to every lawsuit. By the proposed ar
rangement this debt to the extent OF
1900 j. at once wiped out.
Respectfully, &c.
CHAs. SMEST. and
ALEX CAMPBELL
The mater vas thoroughly discussed
by the Board. Who also invited the opin-
ion Of those tax payers present rs to the
ACCESSIBILITY of the Bcceptarcs Of said
proposition, by the county.
The following resolution was then
harded TO the Chairman o. the Board
and read, and on motion was ordeted
spread on the minutes.
1t meeting OF tax payers Ok Pima
county, held in the city Of Tucson, Ter
ritory Of Arizona, there were present ID.
Henderson, Fred Maist. Tbos. DrIscoll,
G. L. Eschells, W. c. Davis, Sam'l
Hughes. z. =. johnson, Lewis WOlhsy,
r. V. Bloxton, Il. i HshardsOn and
Thos. Cords. twas resolved TO be the
sense OF those present az sal9 meeting,
that the Proposition 90 compromise for
the recovery Of the bonds issued by
Pima county to the Tucson Z Gulf of
California rsilrosd company, and the
settlement. OF the suits pending 10 con-
nection Herewith, FOR the sUm OF tween
ty-ore hundred dollars that is now N