The St. Johns herald., 1895-10-31
I. C. JORDAN, COMMISSIONER OF !MMIGRAT ION.
 VS. MARlCOPA COUNTY.
JULTICE JuHNsTORDEcIDEs FOR PLAINTIFF

the laws or 1o9O, creating Sucu cOuu- mission. Maj. Jordan at the last meeting of Maricopa's Board pre- sented his bill for one months sal- ary, and the Board refused pay ment. The following isssthe opin- ion of the court:
 "The court is forced to the con- clusion that the law and the facts are with the plaintiff, and that he ought to recover. The court is forced to this conclusion, notwith- standing the opinion of the district attorney, and notwithstanding the action of the board of supervisors Tn rejecting the plaintiffs claim. The court fully realizes that the opinion of the district attorney is entitled to great weight, and that the action of the board of supervis- ors is entitled to great consideration, yet under the statutes it Is the duty of the court to administer the law as it understands it, and after care fully Investigating and examining the different statutes and the deci- sions cited in the argument, that Act No. 50 of the legislative assem- bly, of 1895, entitled an act classify ing the counties of the territory and fixing the compensation of the county officers therein, applies only to officers therein named, and was enacted for no other purpose. Sec, 1 of said Act reads as follows :: "Ehat for the purpose of fixing the compensation of the county officers, the counties are hereby divided into the following classes, etc." There is no section of this Act that re- peals any other law of the territory and the court is forced to hold that for all other purposes the unrepeal ed laws classifying counties into first. second and third classes is still in force, not having been re- pealed by the legislative assembly. The court is of the further opinion that the Harrison Act does not cover claims of the character sued upon; and that such claims and demands were not contemplated when the said Act became law,
 I cannot think that by the Har- rison Act it was intended that the wheels of the county government should stop in case of this kind, until the bonded debt of the county should be paid, which by the way is not due. As 1 understand it the governor and the legislative assem- ply is given by Act of congress pow CT to legislate on all rightful sub jects of legislation, The governor and the legislative assembly has l the power to establish and create offices and to provide how the off. cers shall be selected and to fix their compensation this, I think, right ful subject of legislation, and the legislative assembly has spoken, and in it's last utterance, Act No. 1 70 creates the Territorial Board of Immigration, and prescribes the duties thereof. Section 5, of said act provides the salaries of each commissioner shall be in frst-class counties, $50.00 per month second class counties, 5000 per month !; and Tn third-class counties, s20.00 per month to be paid out of the expense fund of the counties at each quarterly meeting of the board of supervisors, which amount shall be paid in full for all services as such commissioners" Section 10 reads "That all acts or parts of acts in conflict with this act are hereby repealed" In face of the law as it is there written, the court is asked to find for the aefsndaht, or over ride the will of tl'e legislative As. sembly, the vei horer that gave this court juris eli ito try this case. This the spefl not willing to io. The Leg g.HIatire Assembly's