Arizona republican., 1894-12-15
A TERRITORIAL SUIT
To Prevent the Payment OF
Certain Warra nts.
Injunction Proceedings Against
Members of the Late Loan
Commission.

Suit was begun in the district court
of this judicial district yesterday by
Attorney General Francis J. Heney on
the part of the Territory against P. J..
Cole, territorial treasurer, n. o. Muir
ply, N. A. Morford, William Christy
and Thomas Hughes to restrain the
payment and collection or attempted
collection of certain warrants issued
against the general fund by Thomas
Hughes, late territorial auditor in favor
of himself, N o. Murphy and n. A.
Morford, as mem berS of the late loan
commission, and William Chrlsty, late
territorial treasurer.
There were thirty-six warrants issued
between October %, 1852, and april 10,
1898, all of which are alleged to be lille
gally issued or in payment of expenses
unlawfully incurred.
Nearly all of these warrants became
the subject of an issue during the late
territorial election and were thoroughly
discussed along with the question of
the legality OF some others that had
been paid.
The warrants mentioned in this COM
plant have not been paid for want OF
funds and could not be paid for some
time. A temporary injunction is,
therefore, not asked for
Judge Baker, upon the filing of the
complaint, issued an order directing
the foremost named defendant to appear
on January s, 1895, and show cause why
he should not be restrained from the
payment of these warrants, and Messrs.
Christy, Murphy, Morford and Hughes
to show cause why they should not be
restrained from attempting to collect
them.
OF the warrants issued to Mr.. Hughes
eight are in payment of mileage for
travelling between Tucson and Phoenix
to attend meetings of the loan commits
sion and for per diem in attending the
meetings of the board. Two were in
payment of his expenses to New York
to deposit territorial bonds.
One warrant for $500 was issued to
N. A. Morford for his services as terri
torial secretary in affixing the territor-
ial seal to 1850 bonds, and it is alleged
that this warrant to this defendant was
countersigned by himself as acting gov
ernor during the absence of Governor
Murphy from the territory. Another
warrant for 1888 was Issued to the same
defendant for the same kind Of official
service. Objection in the complaint to
the payment of all the above named
warrants is based on the two fold ground
that the amounts were out OF proportion
to the services performed, and that no
resolutions authorizing their issuance
were ever passed by the board or spread
upon its minutes.
A warrant for $1100 to n 0. Murphy
for services as chairman of the loan
commission, by virtue of his Office of
governor ia objected to in the complaint
on the ground that whatever services he
performed IN the capacity of chairman,
were required of him as governor.
Warrant No 103S for $500 was issued
to William Christy in payment of ex-
change on 100000 deposited in New
York bank to his credit as territorial
treasurer by purchasers of territorial
bonds. 1t is stated in the complaint on
information and belief that no part of
that 100000 was ever actually eX-
changed from the New York bank to
Phoenix or elsewhere, but was paid out
onsdrafts by the defendant in payment
of territorial and county warrants and
other territorial and county indebted
ness.
Three other warrants were issued to
the same defendant IN payment of other
forms of expense incurred by
the loan commission. One warrant
No. 80, for 81 1874, EN- braces a variety of
items and has already been given pub
lIcity by having been printed in fac
simile in various Democratic news
papers in the territory during the late
campaign. One item of $500 to William
Herring, then attorney general, for
passing upon certain territorial bonds,
is objected to for the reason that he
was only performing his regular official
duty in performing the service de-
scribed.
Other alleged illegal warrants were
issued to the National Bank of Arizona,
the Arizona National bank, Charles B.
Woods, L. Zeckendorf & Co. and 7. D.
Hammond. The warrants aggregate
$17,92O.S5.