Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1895-02-24
COURT.
A Score of Decisions
Handed Down.
City's Title to Neahr's
Plaza Made Good.
The Old Man Did Well, What
ever He Meant to Do.
A Pima County Case Settles the
Question of Tenure of Office of
Appointees to Vacancies.

A dozen decisions, many OF which
were important, were handed down'iR
supreme court yesterday, after which
recess was taken until the third Mon
day in May.
The one of greatest local interest was
the affirmation of the judgment in the
lower court in the case of J. M. Evans,
appellant, VS.. J. W. Blankenship, thus
securing the city's title to Neahr's
plaza. The appellee or really the city,
was represented by ex-city attorney, l.
Fl. Chalmers.
| The suit was begun several years age
during the term of Office of ex-City
M arshal Blankenship, who had torn
down fence erected by DR.. Evars
around the contested ground. The
plaza includes two blocks in Neahr's
addition which the city contended had
been dedicated for municipal uses BIZ
the elder Neahr.
This contention was based on an
elaborate plat OF Neahr's addition
caused to be made by Neahr in
which two blocks of that then
waste of sand aud sage brush was
represented to be public park beauti-
| fed by trees, shrubbery, flowers. play
| ing fountains and full complement of
song birds and whatever else the artist
could think of to please the eye and
soothe the soul. In furtherance of this
idea he caused these two blocks to be
left unnum bered and they were other
wise and more specifically described if
possible, as city park. After while
this public. spirited gentleman died and
his estate passed into the hands Of his
son as administrator. The public
park" was sold to Dr. Evans at price
low enough to allow for the litigation
which would almost certainly be
Thrown in with it for good measure.
The litigation soon followed. The
plaintiff contended that no dedication
of the property had ever been made
and that none was ever meant to be
made. That beautiful paper park was
to be considered monument rather
to the astuteness than to the liberaiity
of old man Neahr. 1t was intended
only to allure purchasers to vicinity
which might be imagined to be city
to facts. 1t was not generally believed
that the old man really meant to stss-
render two blocks of valuable land but
the city took the position that the
, dedication whether intended or not hsd
been made complete. The various
: courts in which the case has been tried
have taken the same view.
A decision involving the settlement
+ II r L =
officers appointed 10 fill vacancies, was
handed down in the case Of Alfred G..
Sheen appellant, VS.. Fred G. Hughes
: appellee, clerk of the board of saper-
Viscrs of Pima county, mandamus
: proceeding.
} Before the late election the appellant
5 presented himself and was nominated
: at the Democratic county convention
7 for the office of member of the board
] of supervisors, at that time held by an
/ appointee, to succeed the Hon. James
, Finley, who had resigned. The ap-
= pellee efused to place his name on the
official ballot on the ground that there
was no such office TO be filed, the ap-
pointee holding during the period for
s which his predecessor had been elected.
e The appellant mandamused the clerk
t and judgment was rendered against
: him. In the meantime the election
e had been held, SO that there were only
e two things 70 be decided by the final
: issue Of the case, the tenure of office
o and who should pay the costs. The
Judgment Of the lower court and the
p views of Clerk Hughes are sustained.
Other decisions were: In the case OF
It Willis Jackson and W. j. Maupin, ap-
d pellant, VS.. the territory, RESPONDENT,
a from Apache county. Court below re.
8 versed and the cause remanded for
v trial. The appellants are now in the
e pen!tentiary serving a sentence tor
t grand larceny.
Q In the case Of Joseph Curly, appel
: liant, vs. the territory, respondent. from
t Cochise county, judgment is reversed
e and the appellant serving a life sen.
tence for a rape upon his own daugh-
s ter, is ordered discharged. The opinion
It holds that the evidence upon which
k conviction was found was insufficient.
e In Felix Bustamente, appellant, vs.
It the United States, respondent, judg-
t ment of the court below reversed and
u the cause remanded. A similar order
b was made in the case of Alvino Mar
S tinez, appellant, vs. the territory, re-
r spondent.
J, In the Southern Pacific railway COM