Arizona weekly citizen., 1896-02-15
WOLFLEY VS.. LE|TcH ct AIS.
Judgement Rendered for the De-
PENDANTS.
Judge Beihune Decides that the Last Legs.
Iaiure Went Beyond Its Power in Pass.
ing Act 20 for the Relief of Ex- Governo
Wolfley.

The following ia the full text of the
decision by Judge Bethus- ia the cas-
Of Wolfiey vs.. Leitch, in which the for
mer brings suit to compel the pay men
of money under enactment of the legls
lrture:
In the district court, first judicial
District, A. L. county of Pima. Lewis
Wolhey vs.. plaintiff Q. p. Leltch ct ais
defendants.
This Is an action by plaintiff against
Defendant Leitch as auditor of the ter
ritory and his bondsmen for the sum of
ten thousand dollars $4,000 as
damages alleged to have been suffered
by plaintiff by reason of the refusal OF
said auditor to issue warrant to plain
tiff for the sum of $7,36665.
On the - day of March 1895 the 18th
legislative assembly of this territory
passed Act No. %, San act to refund to
Lewis Wolfey his personal expenses
with interest, incurred in obtaining the
congressional enactment of the Arizona
funding act, and authorized and di
recLed the territorial auditor to draw
lis warrant upon any funds not other
wise appropriated, or upon the general
ind of The territory for the sum Of five
thousand dollars with interest added al
ten per cent per annum from June Both
1890, the date of the approval of said
unding act, up to the date of the ap-
proval of act No. % of the legislature.
Said act No. % was not approved BY
the governor of this territory and
having been returned with his objec-
tions thereto was passed by both houses
by two thirds vote of the house Cd
the 18th day of March 1895 and there
after, on the 18th day 1895 plaintiff
presented to Defendant Leitch as sucI
udltor certified copy of said act ano
demanded of him that he draw his war
rant on the treasurer for the said sun
of $4,000 and interest as provided il
said act, which said auditor refused t.
do on the ground, as set up in Defend
ant Leitch's answer, that said act is I'M
constitutional and void and creates b
debt against the territory unwaranteO
and inhibited by the act of congress ap
proved July 80, 1886, known as tn,
Harrison act and the funding act OF
June 30th 1890 and the amendments
thereto. The said territory being now,
and at the date of the passage of saio
act No. %, largely in debt in an amount
In excess of the limits prescribed by the
Harrison act; and there were no funds il
the treasury to pay said demand.
The case was tried upon the follow
ing agreed statement of facts:
1st. That the Harrison act, so called
was passed and became law on the
Both day of July 1886, at which tim,
the territory of Arizona was in debt;
and was indebted to the full extent per
mitted under said act, and SO continued
IN debt up to aud including March 18th
1895, at which time said territory wa.
and, continuously thereafter up to the
present time in debt to an amount IL
excess of the limits prescribed by said
act.
End. That after the passage of the
so-called Harrison act the territorial
annual expenditure continued to be
very largely in excess of the revenues
thereof.
3rd. That the plaintiff Lewis Wolf
lev was from the 1st day of December
1889 to the 18th day of July 1890 gov
ernor of the territory and during his
incumbency in Office claims to have rem
dered the services and expended the
poney, as he claims for the benefit OF
the territory, and for the purposes set
forth in the preamble of act No. % OF
the 18th Legislative assembly of Arizona
for which he presented his claim to the
18th legislature of Arizona, which said
claim was by said Legislature of Arizona
of 1895 audited and settled and act No.
% of the general assembly of 1895 OF
Arizona auditing and settling said claim
of plaintiff was passed and became
law, being the act under which plaintiff
claims; and said act and the preamble
thereto may be read herewith.
4th. That on the 10Th day of March
1895 plaintiff presented to Defendant
Leitch who was then and still Is the
auditor of said territory certified copy
of said act No. % and demanded OF
him as such auditor to draw his warrant
on the treasury in favor OF the plalntlff
for the sum of $4,000 and interest as
provided in said act, but said Leitch re-
fused so to do.
9Th. That said legislative assembly
failed to pass any general appropriation
bill, appropriatlng any money from the
general fund OF the territory for carry
ing on the the territorial government
for the years 1895 and 1896 or paying
anv of the ordinary expenses out of
said fund for said years.
9Th. That on July 25th 1895, the
territorial treasurer made the following
call for warrants on the general fund
for the purpose of redeeming them.
OFFICE OF THE TERRITORIAL
TREASURER,
PHOENIX, Ariz, Feb %, 1895
1 will pay general fund warrants
(series of 1887 numbers 1OS to 115 in
elusive: interest on the above warrants
will cease after this date.
j. COLE,
Territorial Treasurer.
7th That the warrants embraced in the
Feb. 25th 1895 call were issued In the
wear 1898 and amounted in the aggre
e lte to the sum of S5,65337 or there
alb outs. And on or about the LIST day OF
April 1895 the defendant, O. ?. Leitct
as auditor made an official report to the
governor of the territory showing the
territorial funds in the hands of the
treasurer of the territory for the omar
ter ending March 31st 1885 as follows
Balance. general fund $S,64455