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

Shenfield, it's sureties, from all liability on account of certain appeal bond exc cuted by them-on the 30th day of Nov ember, A. D. 1887, in favor of the said J. T. Lesveur, Treasurer, etc., in said cause, and also from all liability on ac count of a certain cost bond executed on the 9th day of December, 1887, in the sum of $1 ,000 by the parties aforesaid, together with w. B. Hazeltine and R. H. Burmister, and upon said order being entered, the District Court of Yavapai county is also respectfully requested to re-docket said cause by consent and en- ter an order therein discharging Ed. W. Wells and Hugo Richards from any lia- bility on account of certain undertak ing executed by them for the purpose of obtaining the primary inj unction in said cause, filed in said court on the 25th day of February, 1887, and cancelling all bonds, undertakings or acknowledge ments on file in said cause in said court.
 And William c. Hazledine, General Attorney for said Company, appearing on behalf of said Company and accept ing and agreeing to the terms of com promise herein proposed, the same was then and there consummated, but at the request of said Hazledine, it is made a matter of record that the said Company by entering into this compromise does not waive it's right of exemption or In- tend to concede it's liability to taxation at all, but simply consents to this pay ment in order to prevent vexatious liti gation and reach an amicable adjust ment of all differences for said year.
 The Board made the following order: Whereas, there was heretofore pend ing in the District Court of the County of Apache, suit entitled, The Territory of Arizona, plaintiff, versus the Persons, Associations, Corporations, Firms, Com panies and Real Estate, Lands and Property described in the Delinquent List of the County of Apache for the year 1887, defendants,
 Ad whereas, in said proceeding, judg- ment was obtained against the Atlantic and Pacific Railroad Company and its property at the Special April Term, A. D. 1888;
 And whereas, said Atlantic and Paci- fc Railroad Company appealed from sad judgment to the Supreme Court of the Territory of Arizona;
 And whereas, in said court the judg ment of sad District Court was reversed, said suit having been instituted for the purpose Of collecting certain taxes claimed to be due from said Railroad Company to said County of Apache, the validity and legality of said taxes being denied by said company;
 And whereas, it has been deemed ex- pedient and for the best interests of all parties concerned to reach an amicable settlement and compromise of all con- troversies over taxes;
 And whereas, the said railroad com pany has appeared by William c. Hazle- dine, its General Attorney, and asserted that it is not legally liable for said taxes, and does not by its offer of compromise waive its right of exemption, but has agreed, in order to adjust all differences, to pay the amount of $11 ,439.19, in full of all taxes, penalties, costs, etc., upon it's railroad, and the sum of $6,494.O0 ill full of all taxes upon it's land grant in said county for the year 1887;
 And whereas, all the other counties of Northern Arizona have already compro- missed upon similar basis;
 And whereas. a judgment having been rendered adverse to said county, 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 compromise said taxes and litigation arising therefrom;
 Now, therefore, It is hereby ordered | that said sum of $17, ,933. .19 be received | and accepted in full and complete settle LlGllb Ol ll1C CStACO dlOI CSctIu anu etll COSlO connected herewith, and that the Treas urer of this county accept from the sad Atlantic and Pacific railroad company the said sum of $17 ,933. 19, and upon payment thereof to him, give to the said | Atlantic and Pacific railroad company a full, perfect and complete receipt, re- lease, discharge and acquittance of and from all debts, damages, claims or de- mands against said company for said taxes for said year 1887, against it or it's property.
 The following resolution was present. ed. read and adopted
 Whereas, there is pending in the Su- preme Court of Arizona, cause entitled