Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1895-11-10
MhRICOPA COUNTY Wins.
Most Important Legal
Decision.
immigration miSSioner
Act Is Illegal.
The Territorial Leg stature Had No
Power to ass Such
an Act.

trict court room by a decision CIV
ing judgment for defendant in the IA
nous case Of Jordan vs. County of Mar
icopa.
The circumstances on which the
claim was founded were as follows:
The last legislature, with the active
support of Governor Hughes, passed
what was known as the County Immi
grafton Commission act. 1t provided
for a board of twelve commissioners to
be appointed by the governor, one
from each county, each commissioner
to be paid by his county salary of
5000 to $500 per quarter for printing in
each first-class county. The act passed
on the rush of the last days of the ses
sion and had hardly reached the
ground floor of the capitol building
before it came back with the govern
or's signature and the names of the
twelve commissioners.
The act was combatted in number
of counties. the supervisors demand
ing the right to judge for themselves
as ITO the necessity for an immigration
commission and that they be allowed
the privilege of appointing such indi-
Vidual. 1t was generally regarded as
something of a political move, es-
pecially designed to strengthen the
administration through an active and
we'll paid agenE Of the county, and as
such has been opposed by those who
gave not allegiance unto Louis by the
Grace of Grover"
In Maricopa county the supervisors
have, acting under the advice of Dis
trict Attorney Millay, refused to audit
the bills presented. The first was
from Commissioner O. Brien for about
forty-five days salary. The second
was from his successor, Major T. C.
Jordan, for one months salary, ait $50
a month. This also was thrown out,
despite it's endorsement by Attorney
General SatterWhite as just and legal
claim.
Then suit was brought in The court
of Justice OF the Peace Jolhnstone, who
decided for the plaintiff, upon the es-
pecial ground that the limit of the
Harrison act had not been passed in
this county, he crediting the cash on
hand in the county treasury in arriving
at his conclusion.
A few days ago the case was tried on
appeal in the district court and the de-
cision was yesterday rendered
The decision was oral, consuming
about twenty minutes in delivery, and
was deemed by the lawyers present to
be a most lucid and logical exposition
of the law.
The main point Of dispute in the
lower court. the Harrison act limita-
ton Of 4 per cent of the county's tax
able property, was no especially
raised the second trial Expert Kirk
land, who had testified that the coun-
TVS indebtedness exceeded by several
thousand dollars the per cent limit
found himself mistaken in his footings
and testified before Judge Baker thai
the Indebtedness now is but 100000
or about $4,000 less than the amount
allowed by the Harrison act.
The point on which the decision is
rendered is a construction of an act Of
congress Of June s, 1873, explanatory
of Sec. 1889 of the Revised Statutes Of
the United States. 1t especially pre-
scribes that no town, city or municipal
corporation shall incur hereafter any
debt or obligation other than such a!
shall be necessary to the administra
ton Of It's internal affairs" The eff
feet of this explanatory act had beer
declared by the supreme court of tht
United States in the case of Lewis VS.
County Of Pima (the Globe Narrow
gauge railway bonds in 155 U. S., P
"a, as intended to refer only to sucl
business as municipalities of like char
acter are usually ''required' to engag
in to fulfill their proper functions.
The special expenses legally 10 be al
lowed for comprise those of a cour
house and Jail, poor house, offices TO-
the execution Of county business AM
the construction of highways ant
bridges for public accommodation
Advertising the resources Of a count,
cannot be considered in such a connec
ton. However proper it may be, it i
for private individuals, and not 70
counties. The immigration commits
sioner bill must, therefore, be con
sidered invalid.
The court also made reference tina
the suit must not be considered a
only affecting the salary of the commits
sioner, but also involves a possible ex
penditure of 81 500 year more, loosel
to be turned over to the commissions
to be by him expended at his discre
ton. This, in itself, is declared un
lawful.
The only material reference ito tn
Harrison act was to cite a decision {
the supreme court, issued by Justic
Lamar, that the inhibielon of the az
rests upon the running and regula
expenses Of the county as well as upo
the special expense. when either e2
ceeded the limit of per cent.
The case for the county was handle
throughout by Assistant District A
fnrnau Na1tn Rannntt and tn him