The St. Johns herald., 1890-08-28

EzAugust 29.-The Board met pursuant to adjournment at 10 a. m.
 Present, Blassingame and Coleman.
 The following orders were then passed by unanimous vote, and with the con- sent and by the advice of the District Attorney:
 Whereas, there is nov pending in the i Supreme Court of the United States, upon appeal from the Supreme Court oi the Territory of Arizona, a cause enti- tied "Atlantic and Pacific Railroad Go. versus J. T. Lesueur, Treasurer and eX- Officio Tax Collector of Apache County in the Territory of Arizona, being dock eted as No. 1215 at the October term, 1889, of said Supreme Court of the Uni ted States, said action having been orig finally commenced in the Thnd Judicial District Court sitting in Yavapai county, Arizona, for the purpose of enjoining the collection of certain taxes for the year 1886, specifically recIted in the bill of complaint on file in said cause.
 And, whereas, serious differences of opinion exist as to the validity of said taxes, and the said railroad company claims that such taxes were unlawfully and illegally imposed, and that said Company is not liable therefor.
 And, whereas, it has been deemed to be for the best interest of all parties that a compromise should be effected where by all differences might be adjusted and an amicable and friendly settlement consummated.
 And, whereas, the said Atlantic and Pacific Railroad Company has already paid on account of certain taxes upon property described in said bill of com plaint, the sum of $2,716.73, and has fur ther offered to pay at once the further sum of $11 ,259,38 in full payment, satis- faction, compromise and settlement of taxes or claims, assessments, damages, demands, interest, penalties or costs on account of said taxes or growing out Of said assessment or on account of any litigation in connection herewith.
 And, whereas, all of the other coun- ties of Northern Arizona have already compromised and settled their tax claim agalnst said company upon basis ex- actly similar to that herein proposed.
 And, whereas, it is deemed to be to the best interest of the tax payers and citizens of said county of Apache and of all others concerned, to accept said offer and finally settle, dispose of and com promise said various conflicting claims, and the litigation arising therefrom.
 Now, therefore, It is hereby ordered that said sum of $11 ,259.3S be received and accepted in full and complete settle ment of the taxes aforesaid, and all claims connected herewith, and that the Treasurer of this county accept from the said Atlantic and Pacific Railroad Company the sum of $11 ,259 38 and upon payment thereof to him, to give to the said Atlantic and Pacific Railroad Com pany full, perfect and complete receipt. release, discharge and acquitance of and from all debts, damages, claims or de- mands against said company for said taxes for said year 1886, against it or it's property;
 And it is further ordered, that upon settlement with this Board, the said Treasurer be given credit for the differ ence between the amount claimed to be due from said Railroad Company on ac- count of taxes, for said year and the amount he is authorized to receive by this order in full settlement thereof.
 It is further ordered that the said At lantic and Pacific Railroad Company, its sureties, bondsmen and guarantors upon any bonds or undertakings, executed by it or on its behalf in the legal proceed ings aforesaid, to-wit: In the suit of said company against J. T. Lesueur, Treas urer, etc, in consideration of the pay ment aforesaid, be and they are hereby released and fully discharged from any liability to the said J. T. Lesueur, Treas urer, his successors in office, or to the said County of Apache, and the said sum herein mentioned to be paid is re- ceived as absolute settlement and pay ment of any and all amounts, the pay ment of which was intended to be se- cured by said bonds or undertakings.
 It is further ordered, that duplicate copy of this order, duly certified by the Clerk of the Board of Supervisors, un- der the seal of said Board, be filed in the Supreme Court of the United States, in the Supreme Court of the Territory of Arizona, and in the District Court of the County of Yavapai, accompanied by the certificate of the Treasurer of said Coun- ty of Apache that the amount herein