Arizona weekly enterprise., 1889-04-13

preme court bench. The statutes of Arizona provide among other things, that boards of supervisors "haye iuris-
 diction and power, under such limita-
 tions and restrictions as are provided
 by law: To examine, settle,
 and allow all accounts legally charge
 able against the county, and order
 warrants to be drawn on the county | treasurer therefor. The board
 must not for any purpose contract
 debts or liabilities except in pursuance
 of law, or under ordinances of their
 own, adopted in accordances with the
 powers herein conferred The
 board of supervisors must not hear or
 consider any claim in favor of an in
 diyidual against the county unless an
 account properly made out, giving all
 items of the claim, duly verified as to l its correctness, and THAT THE AMOUNT
 CLAIMED IS JUSTLY DUE," etc. It also
 provides that "no payment shall here
 after be made from the treasury of any
 of the counties of this territory unless | the claim or demand shall be duly
 allowed according to the provisions of
 this act" The justices of the supreme
 court have in the face of these statu-
 tory restrictions, made written sppli
 cations to the boards of supervisors of
 the several counties for compensation
 in addition to that paid them by the
 United States and by the territory
 under its statute, in express violation
 of the United States statutes upon this
 subject. The matter seems to be a trivial
 one at the first thought, but it involves
 principle that at once changes its
 character into an offense too grave to
 be considered lightly. The demands
 made upon the several counties by
 these judges are not legal; they are
 not authorized by law, but they are
 expressly prohibited by both the ter
 ritorial and the U. $. statutes. What
 then is the position in which they are
 placed by these unlawful demands If
 a county treasurer takes from the
 funds in his hands any unauthorized
 fees these judges are called upon to decide the measure of his criminality
 while they are guilty of like offense. Their very position makes it even a
 greater offense, for they are the judges of the law and are supposed to com
 prehend its full scope. The law gov
 erning their compensation purposely removes them from all influences de
 rived of the favor of the people over whom they exercise their judicial functions. They are placed upon an
 independent plane that admits of no
 partiality for favors received. The law recognizes the weakness of human
 nature by placing formidable obstacles
 ill the way of possible temptation ) When they demand illegal compensa- l ton from the several counties they 7 commit an act which, in others, ic l termed a crime, and is it not more s grave crime when deliberately done by a judicial officer? The several board, e of supervisors have yielded 10 theil V demands for the simple reason tha e they deemed it cheaper to pay then r than to incur their di-pleasure anC e risk mountain of useless court ex J. pense which can be easily created. In t deed, it was in consideration of ; e promise of greater promptness il s clearing the calendar that the super :, visors of Pinal county yielded to th' j. extraordinary demand for additiona j. compensation, and they did not dar q refuse it. The man who takes his Tiff V in his hand and robs a train upon Q railroad invokes the halter about hi j., neck, but an equally successful de n nand npon the public treasury in al }, unlawful manner accOmplishes tn
 same result without risking the fear
 ful consequences. This practice ha T. grown so notoriously fragrant that tn e late legislature felt the necessity C 'V enacting a law to correct the abus
 and actually prohibited the severa ' counties from making such payments 'e We realize that these are grave chare " es to lay at the door of any one, an -s more especially the members of ou V judiciary system. They are made i t no spirit of malice or vindictivenes Il for we enjoy the personal friendshi o of the several judges and hold them i ie the highest respect. We do not CT T. certain single doubt of their offici; .V integrity, but these matters cann( ID alter the facts Our duty as jou i' nalist compels us to speak of thel . (now that the subject has been brougf i' to public attention) in the light i y which they appear to us, and the onl '' conclusion we can draw in tH
 premises is that the offense is tc Inf serious and too grave to be overlooke ar by the department of justice.
 m THE president is confronted with phase of human nature that is som d |
 ed what new to his experience. The d. 'it plicity of mankind is as old as ma ty himself, but the peculiar species of Il