Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1894-12-04

question were issued by the board
Of supervisors Of the defendant
county untier an nct Of the legisla-
ture OF Arizona Of February II,
1883. entitled IAN act 10 promote
the construction Of n certain rail-
road and were part Of n series Of
300 bonds issued in pursuance Of
said act, and exchanged for a like
number of bonds Of the railroad
company Of like amounts, bearing
like interest, aud running like
tunes as the bonds ~ suit.
Defendant demurred to the con-
plant both generally and specially,
and upon argument Che demurrer
WAS sustained aud Judgment enter
ed in favor Of defendant
Plaintiff appealed TO the supreme
court Of the territory, by which
the judgment Of the district court
was affirmed. = He thereupon
sued out this writ OF error.
w. III. Barnes and w. III. Ros-
sington, for appellant. Chas.
Weston Wright for appellee.
Mr.. Justice Brown. after stating
the facts in the foregoing language,
delivered the opinion of the court.
This case involves the validity
of certain bonds issued by the
county Of Pima under an act Of the
Legislative assembly OF Arizona,
approved February 81, 1883, nu-
thorizing and requiring the board
Of supervisors to issue S500.000 of
bonds Of such county, aud to ex-
change the same, in lots of $50
600 each, for nm equal number of
the bonds of the Arizona and Mar
row Gauge Railroad company, Sc
cured by a mortgage upon its road.
Assuming that the bonds were is
sued in conformity with this act,
the act itself is claimed TO be in
conflict with certain acts of con-
gress upon the subject of the
organization Of territories.
BY the Revised Statutes (sec-
tionl8S9 of a chapter containing a
provision common to all the terri
tories9 "the Legislative assemblies
of the several territories shall not
grant private charters or especial
privileges, but they may, by gem
eral incorporation acts, permit
persons to associate themselves
together as bodies corporate for
mining, manufacturing and other
industrial pursuits, or the con-
struction or operation of railroads,
wagon roads, irrigation bitches
and the colonization and improve
ment of lands in connection there
with, or for colleges, seminaries,
churches, libraries or any benevo-
lent, charitable or scientlfi c assoc
citation"
In 1878 this section was amended
by an explanatory act GO Stat.
l0l@, to the effect that the restric-
tions contained in section 1889
"shall not be construed as pro
hibiting the Legislative assemblies
y from creating towns,
cities, or other municipal corpora
tons, and providing for the gov
ernment of the same, and confer
ring upon them the corporate
powers and privileges, necessary
to their local administration, by
either general or special acts" Fol
lowing this there is a paragraph
validating acts Heretofore passed
creating municipal corporations,
and providing further: "That
nothing herein shall have the eff
feet to create any private right,
except that of holding and execut-
ing municipal Offices, or to divest
any such right, or to make valid
or Invalid any contract or obliga-
ton heretofore made by or on be-
half of any such town, city, or
other municipal corporation, or to
authorize any such corporation to
incur hereafter any debt or obligP-
ton other than such as shall be
necessary to the administration of
its internal affairs"
In the face of these restrictions
upon its power, the Legislature of
Arizona, on February 81, 1883,
passed the act in question, max
ing it the duty of the board of
supervisors to issue 100000 of
county bonds, and to deliver the
same to the railroad company in
exchange FOR corresponding bonds
of such company. Now, unless n
debt thus incurred in aid of the
construction of a railroad can be
said TO be an obligation necessary
to the administration of the in
ternal affairs Of Pima county, it
must necessarily follow, lrrespec-
tive OF every other consideration,
that the Legislature exceeded its
powers in authorizing and requir-
ing the county to issue its bonds
in exchange for those Of the rail-
road company in question, and
that the bonds are void.
The question is too clear for ex-
tended Argument. BY the enter
nal Affairs of a municipal
corporation, in the administration
of which the Legislature could alone
authorize il to incur a debt, was un-
doubtedly intended such business
as municipalities of like character
are usually required to engage in