Arizona republican., 1891-02-19
ATLANTIC & PACIFIC TAXES.
SRvapai County Supervisors Refuse t.
 Mako Any Compromise.

yavapai County Supervisors Refuse to
 Mako Any Compromise.
 The following resolution, passed by the Prescott Board of Trade at meet lng held February l3, 1891, was pre- sented to the Board of Supervisors of Yayarai county, February IA:
 WHEREAS, Information has been received from PhOsnix that q bill has been introduced in the Legislature and has passed the Couneil, healing the action of the Board of Supervisors in compromising taxes with the Atlantic X Pacific Railroad Company; and, whereas, 1t is belle Ted that similar action in regard to the Atlantic & Pacific Railroad axes for 1890, taken immediately by the Board of Supervisors of YayapA county, will be ratified by the said bill ana in that way fu!! settlement made with said railroad; therefore, be 1t
 Resolved, That it Is the sense of this meeting that it is for the interest of TaVapai county to compromise with the Atlantic Pacific Rail road Company on basis of 5000 per mile, as heret 0fCre; and that we urge upon the Board ot Supervisors to put in their minutes at the meet ing 50 be held tomorrow February h. 1891 De resolution authorizing such settlement, and we do pledge, ourselves to morally sustain the Board of Supervisors in such action.
 Passed February l3, 1891.
 After a full discussion, and by the unanimous vote of the board, the clerk was S'lASStSu tV tLahshIit Sopy VI shS following letter:
 PRESCOTT, Ariz.. February 14, 1891. To the Prescott BOurd 0f Trade.
 GENTLEMEN The resolution of your Board, asking and advising the Board of Supervisors of this county to compro- mise with the Atlantic .& Pacific Rail- road upon it's taxes for the year 1890 upon basis of s4O00 per mile, has been received and entertained in open ses- sion. As the question is one of great importance to all taxpayers of the county, this board desires, in acting upon your petition, to so explain the existing conditions of railroad taxes that all parties at interest may understand the status of the case and the position and present action of their agents.
 No county official has power to assess, or to raise or lower the assess ment of railroads, that power being vested in the Territorial Board of Equalization. For many years the value 80 affixed has approximated s7 ,000 per mile. The road has invariably refused to pay upon that basis, allow ing it's taxes to become delinquent, and in June of each year the county has had judgment entered against it. At this point the attorney of the road has appeared before this board and proposed compromise upon the basis of $4O00 per mile; and, under the statute granting power to supervis- ors to settle suits at law, the compro- mise has, until this year, been per fected. It has never been claimed that the board had any authority, aside from the ctatute referred to, to make such compromise, and that such authority could not attach until after June iude- ment. Your resolution urges present settlement, and we recognize that you do so solely in the interests of the county, and we do not attempt to deny the soundness of your suggestions so far as they touch upon advisability CT good policy; but neither through our own investigations nor those of any at torney or citizen, have we been able to find any statute which can, even in an obscure manner, lawfully justify us in entering into com promise at this time. Without an appearance before this board of any agent of the corpora tion, and the conditions of the proposed settlement indefinite and unofficial i; NlllouG hHoWieuBe dS to the scope Oi the late decision by the Supreme Court, or the tenor of the legislation act now pending in the Legislature; with the whole question SC obscure and without positive data, this board submits that to take such g. step might imperil an i'm. portant matter and commit it to an agreement neither justified by law or in line with the best interests of this county.
 Standing, therefore, unanimous upon our lack of legal power to compromise, and divided in opinion upon the equities of the case, this board, after due con. sideration, has decided to respectfully decline to take action upon your resolu- tion advising compromise. Very re. spectfully, BOARD OF SUPERVISORS
 By E. J, F, HORNE, Clerk.