Arizona weekly citizen. [volume] (Tucson, Ariz) 1880-1901, 1894-03-10

/
be made a charge against the county,
and that as said board understood the
law. the district attorney, under the
circumstances stated, bad no authority
to appoint a special district attorney.
And whereas: Afterward, and on the
Both day of Deceu Der, 1898, L. ID.
Satte white, Esq, fled With the clerk
OF said beard his certain claim and
demand against said Pima county, the
same being therein described as fol-
lows:
"T ID. Satherwhite, as deputy dis
trict attorney, presents this demand
on the county of Pima for the sum
of $40, for accou mt of services as de-
putty district attorney, the items WI ich
are bereunto annexed" Which said
| account and demans said board of
supervisors, after due consideration,
ssllOwed for the reason that the dis
trlct attorney of salG county cannot, 10y
the Were Apo ntment of an attorney as
his deputy, make the services of such
deputy a charge against the county,
aud for the further reason that the
district attorney bad been advised that
the county would not pay for the SER
vices OF such deputy or assistant, as
aforesaid; and fer the further reason
that 10 record of such appointment Of
deputy exists, although SAID claim
! and dsmand was in all things ap-
| proved by said district attorney, and
he verbally advised said board that
the same was legal, just, proper and
enforce ,ble demand against said
county.
And whereas: Thereafter, towit, on
the 18th day of January, 1894, the said
SatterwhiIe did file with said clerk
another demand against said county,
the same being for the same service
and amount as first claim and demand,
and it being described as follows
| to wit:
"F. ID. SatterwhIts presents this
| de nard on the county of Pima for the
sum of $40 for account of services as
special assistant district attorney of the
county of Pima"
That on said last claim and demand
appeared an endorsement as follows,
| towit:
''The services above specified were
rendered at times when the district
attorney was otherwise engaged upon
| the business of the court, and were
necessary to the speedy and proper
disposition of the business of the court.
The above bill is therefore approved by
me as just and proper.
RICHARD E. SLOAN,
Judge"
And whereas: Said aforementioned
claim and demand was on the 2lst day
of February 1894, by said board of
supervisors. duly considered, and was
| disallowed:
And whereas: On the 25th day of
January 1894, said Satterwhite brought
suit on said last above specified claim
and demand in the dlstric5 court sitting
in and for said county, and o. the day
said snit was brought and fled 10 the
clerks Office OF said court the said
district attorney filed an answer thereto,
the same being a general demurrer ard
a general denial. That prior to the
bringing of said suit the said board
Were advised that it would be brought,
and employed e.. ". Wright to take
charge of and to control the defence
therefor, of which said district attorney
was duly advis that the reason the
said Wright was so employed was
because in the opinion of said board
the above recited facts disqualified said
district attorney from 50 doing.
And whereas: Said suit is brought
for services alleged to have been per
formed by said Satterwhite As special
district attorney; that he was appointed
10 such Office By the district court of
Pima county on moto on Of said district
attorney; and that, # such an appoint
ment b. within the power of said court,
it is by virtue of an act of the legislature
! approx March 10, 1889: that in and by
leo sasafr \ - H. -
court to determine whether the amount
to be paid for such special district
at torney shall or shall not be deducted
from the salary of the dI trlct attorney
| whereby and by reason whereof the
district attorney is peculiarly interested
IN said suit, and IN the Judgement that
is TO be rendered therein, and thai
such interest is antagonistic to the
interests of said county; and as toe
district attorney has advised members
OF said board that the county has no
defense to said suit.
And whereas, Paragraph 397, sub
division 10, of the revised statutes OF
Ariz ma, vests in the board of supervi-
s1rs he sole power 20 directsand control
the prosecution and defense of all
suits to which the county Is a party"
| Now, therefore, be 1T resolved, That
the defense of said suit be, and the
charge OF the So G.. W. Wright,
pursuant to the agreement made with
the beard, therefor, that he alone
shall app ar in the defense, thereof; and
that the district attorney be and he is
hereby z instructed not to appear in.
offend or take part in the defence of
said suit.
The board proceeded to audit &C.
counts laid over from the first quarter,
1898, and the following demands on
Pima county were audited snd allowed,
aud on motion, all members voting ave.
were ordered paid by cash orders drawn
on the county expense found, ID their
order, as money comes into the country
! treaeurer's hands for the payment of
such demands, viz:
Sally Eber, purchase scalp,
acct. VI Crisman ) 80 90
Juan Para, lion scalp % co
Consolidated National bank,
purchase scalp accounts 81 90
Arizona National bank, pur-
chase scalp accounts 2S3 co
Jesus Mendez, i srslp % 90
Thomas Bullock, lynx scalp 2 90
Lucas M-ndCsa. 2 lynx scalp 4 co
w Fl Barnett, l wildcat scalp co
Juan Cazador, wildcat scalp 90
C w Wright, legal services in
United States. supreme
court In narrow gauge rail-
road case 222 35
There being no othsr bid the pro-
poSal of Fred FleishmRn t. furnish
medicines for the INDECENT poor not in
the hospital at forty cents per perscrip-
ton was accepted by the board.
The board adjourned sine die.
@. a. AVERY,