Arizona republican., 1895-10-23
MAJOR JORDAN'S SALAEY Sues for It in a Justices
 Court. Weighty Case for a Wall Street
 Tribunal. Immigration Commissioner Law Alleged to Be in Violation of
 the Harrison Act.

''The County of Maricopa to T. c. Jordan, Dr.
 Sept: 30, 1895. One months ser vices as Immigration Commissioner, $50"
 The county of Maricopa, richest in the territory, has been sued, and above is a copy of the bill filed with the pa pers in Justice of the Peace John stones court for Phoenix precinct. It's a small matter, that fifty dollars, but so was the colonial tea tax, and so it was "a theory and not "a con- dition," that was submitted to his honor, the learned justice, yesterday. It was somewhat novel position-for a justice of the peaee-to be called upon to decide the constitutionality of an act of the territorial legislature; but the plaintiff had preferred to bring his case in the lower court, which has undoubted jurisdiction in the matter under question.
 There were only two witnesses The single individual for the plaintiff was the plaintiff himself He told how he had been appointed by the governor to be immigration commissioner for Maricopa county, producing his com mission as Exhibit A. He had for the month of September faithfully dis charged his duties of immigration commissioner, writing from twenty five to thirty letters per day and com piling book upon the resources of the county, which book is now in the hands of the printer.
 There was no cross examination and Brent Kirkland, deputy clerk of the board of supervisors, was placed on the stand by the defense, as an expert in county finances. He placed the bonded debt of Maricopa county at $315,000 AS the total tax valuation of the county is this year $7,798,102, the per cent limitation of the Harri- son act would make illegal any issue over $311, 1924. At the present time there must be about S15,OO0 in the county treasury, and the taxes are now due.
 The plaintiffs attorneys, Judge Joseph Kibbey and M. H. Williams, passed the debate over, to the assistant district attorney, Walter Bennett, who had to open the ball. MT. Bennett claimed the law providing for commits sioners of immigration is unconstitu- tional and contrary to the terms of the organic act of the territory. The office is a territorial one, under appointment by the governor, yet to be paid by the county, in the face of statutes fixing the number and compensation of county officers and designating their mode of election or of appointment by the board of supervisors. The act does not even specify that the county commissioner shall be a resident of the county to which he is appointed It, too, is special legislation and there fore illegal in that it provides for com missioners in first, second and third class counties, while an act passed on the same day provides for six classes of counties. ar
 The main argument of counsel, how ever, was on the allegation that the claim is not an urgent county charge and is made when the county already is in debt to greater extent than is allowed by the Harrison act. Bennett closed by quoting Attprney-General Satterwhite, who has lately given a decision in favor of the plaintiff, the qotation being from one of the. briefs of General Satterwhite in Cochise county case, wherein he contended that charge on the county, when the county debt had reached the limit, eff not necessary to the support of the county is void." a.ts
 The arguments of Messers. Kibbey anu Williams were brief They as- serted the proposition that the legis- lature, bound only by the Harrison act, has almost unlimited power, quite enough to appoint any territorial off cers to be paid by the counties di- rectly. An instance in point is the dis trict clerk, paid by the county, yet an appointee of the district judge. It was contended that a segregation to the salary of the immigration commits sioner of a portion of the large amount of cash even now on hand could not be called violation of the Harrison act, and the cash in the treasury and the taxes should be considered in the light of assets that would reduce the debt to point below the Harrison act limit.
 Justice Johnstone took time in which to announce his decision and was pre- sented by the attorneys with several ponderous tones, containing authori- ties supposed to have bearing on the subject
 Whichever way the decision may be, of course, will be appealed from, pos sibly direct to the supreme court.
 DROUTH ALONG THE OHIO.