Arizona republican., 1894-10-05

by law were the cost of advertisement, the engraving of the bonds and the cost of the transmission of the money. I take issue with my brother Heney because that Is not the law
 This funding act provies that it shall be the duty Of the loan commission to ton of that-that the commission shall sell the bonds and fund the indebted ness.
 The law outlines the method of pro- cedure. Any court will tell you that when law enioins the doing of thing and prescribes the procedure, that the law SO far as the procedure is concerned is directory and not mandatory, and that such procedure shall be adopted as will attain the result contemplated by the law.
 The funding law commands the sale of the bonds-it directs the method.
 It was not contemplated that all that was to be done was to advertise for pur- chasers, and then that the commission should quietly sit down and await pur- chasers.
 Is there man who does not know l for these bonds? You must go for the money-you must rustic for it. Money don't take off it's hat to anyone.
 It is child's play to talk about fund ing the various territorial, county and school ss-determining what is valid and what is invalid without work.
 To do as MT Heney says-to wait for purchasers to come and buy your bonds, is to wait until you are as old as well, as old as my friend Dr. Goodrich. I know I'll make him mad by the allu- sion.
 No, sir, they had to get out and rustic for the sale of the bonds.
 say to you that if the commission had to wait before expending any money to sell these bonds until the bonds were sold none ever would have been sold.
 You have got to get where money is you have got to rustic.
 Just stop and think minute. A man to sell bonds must give hls time and money to such 8 purpose, some one must do it. Some one must rustic up the people who will buy the bonds.
 The proposition that these bonds could have been sold without work, without expense, is absurd in it's face.
 I will read the section of the law that my Brother Heney read to you last night.
 When the sale has been awarded the loan commission shall provide and pro- cure the necessary bonds in this act as l dod by them therefor'-any expenses -.
 There are two things to do.
 First-To sell the bonds-that is, the first proposition.
 Second-The preparation of the bonds, the expenses therefor, any ex- penses incurred by them therefor shall be paid.
 So the sale of the bonds is what he therefore refers to.
 The section proceeds and says land all other necessary incidental expenses" Now what was the fault of Heney's reading of the law. He put into it one word and that word is the word thereto, making it read. land all other necessary expenses thereto" Congress omitted to insert the word 'thereto." This l can sometimes be.
 Congress, it can readily be seen, in- tended to provide for the payment, first, of the cost of the bonds, that is the beginning, then for the publication of the advertisements, then for the cost of remitting funds for the payment of interest or money on the bonds, and lastly, all other incidental expenses. What is meant by the word incidental ? It means those expenses that congress could not foresee and therefore could not specify. It contem plated other ex- penses than those named. What ex- penses? Why, those necessarily in- cidental to the sale of the bonds. Aside from and beyond those specifically mentioned, congress could foresee that much trouble and expense might be incurred in the nego- tiation of the sale of the bonds and they intended to provide for just this ex- pense. No one'can doubt it.
 Read the law yourselves and you will see that it is as l say it is.
 It is quite different looking law from that that MT. Heney would have you believe it to be. Not only the cost of procuring the bonds, the publication of notices and the remitting of funds is not all that it is provided for. but other incidental expenses, that is those costs necessarily incurred in effecting completely the sale of the bonds.
 There can be no question about it. Congress did not intend that the ac. mplishment of the purpose of the act should fail because the necessary expense of carrying it out was not pro. vided for. They did provide for it.
 I say to you tonight as nearly judi. cially as I can, with whatever experi ence 1 have had in construing statutes that the construction have given that act is right.
 If am right, then this law vests 1T the loan commission description as te what sboil ha opd what oboII pot hc