Arizona republican., 1896-06-16
THE PEOPLE ANSWER.
Grounds Stated Whereon the Contract
 Should Be Held Void

1 lOtdCGu w ESISUn tHS
 Should Be Held Void.
 The answer of Attorney-Genera Will son, on behalf of Nugent and the ter ritory, went more deeply than did his opinion into the merits of the case and is hereto appended, forming the last oi the documentary pleadings prior to 8 trial of the case:
 In the District Court of the Third Jul
 dicial District of the Territory of Ar | izona, in and for the County oi Yuma.
 In the Matter of the Application of the
 State of Arizona Improvement Com
 pany for Writ of Mandamus. M. J. Nugent, superintendent of the territorial prison at Yuma in the coun- ty of Yuma and territory of Arizona responding to the alternative writ oi mandamus herein, says:
 I.
 That he excepts to the sufficiency o1 the petition of the applicant for the said writ herein, to-wit: The State oi Arizona Improvement company and the showing therein and herewith made, and demurs thereto for the fol lowing reasons, to-wit:
 First-That the said petition and the exhibits thereto fail to state facts sui f1cient to authorize the writ of man. damus to issue herein.
 l Second-That the said petition and the said Arizona Improvement con- pany, by and through the said petition seek to compel the performance of an act on the part of this respondent as superintendent of the territorial prison which the law does not specially en- join upon him as duty resulting from his office.
 Third-Because the said petition seeks only to compel the performance of a contract made by others and not the said respondent.
 Fourth-Because the said petition seeks to compel the performance of 2 void contract, authorized only by g pretended law, which is void
 Wherefore he prays to be discharged exonerated, etc. M. J. NUGENT.
 By J. F. Wilson, Attorney General
 Respondent further answering as tc the merits responds and gives the cour to know:
 That there is defect Of parties de fendant in the above application 1T this, that said superintendent is aI ap pointee of the governor, chairman O. the board of control mentioned in sai( application, holding his office for tht period Of two years from such appoint ment, unless sooner removed by sai( board for misconduct, incompetency or neglect of duty. That certain DOT tions of the duties of said superintend ent are provided for by the statutes O Arizona as incumbent upon said su perintendent to do and perform such al the care and custody of prisoners, di rected by courts of competent jurisdic tiOn to be confined therein, as punish ment for criminal offenses of whicl such prisoners had been previousl, convicted; that certain other duties incumbent upon said superintendent tt do and perform, are rules and regula tions, which have been or may be pre- scribed by said board concerning tn care and custody of such prisoners that the pretended contract, a copy o which purports to be attached to tn application herein, purports to hay been executed on behalf of the terri tory of Arizona by said board of con trol, and said application should hay been brought against said board of con trol, and not against said superintend ent as more fully appears by referenc to said application, and the exhibit thereto attached
 II.
 That under an act of congress ap proved June 16, 1880, the legislatur of Arizona was authorized to mak provision for the care and custody o such persons as may be convicted c crime under the laws of the territory as such territory shall deem proper That hereunder the territory of Ari zona, by its legislature, caused tn territorial prison thereof to be lo :, cated and erected at the vii lage of Yuma, in county c : Yuma, in said territory. That tn legislature of said territory has hereto fore enacted law and sundry laws re quiring the courts of competent juris d1ction sitting in the territory, to pun l ish all persons convicted in such court of ofenses, to sentence such convicte \ persons to imprisonment in said tel l ritorial prison in all cases where tn v law prescribes that the punishment fo l the offense of which such person ha been convicted, shall be, by a ser e tence of such court made, imprisor l ment of such person in said peniter n tiary during the term of such sentence that under and by virtue of the law e of Arizona, the board of control has n 0 authority or power to direct CT author 0 ize said superintendent to exercise th n right of care and custody of the perso confined in said penitentiary, at an d place or places other than in said per ] it ir:! d, d,,riranr tho lifa esE