Arizona republican., 1896-06-16

such labor it may pay in certificates for water rights and thereafter purchase said water rights back at price which they may be sold to other parties there for, which may be sum considerably less than the price of 70 cents per day if paid in cash.
 That in said contract the rent rate is not definitely fixed, but is left to the future determination of the parties thereto, and therefore eXecutory. VIII
 l This defendant further shows that said contract is without consideration, executed without authority, is un- consciousable, and against the best in- terests of the territory in this, to-wit:
 That it is against public policy to have the inmates removed from said penitentiary, and to permit them to re- main without the walls thereof over night, or at all.
 That by said contract certain terri torial lands and prison labor are yield ed to the exclusive control of the com pany, no obligation is imposed upon that company to defray any of the ex- penses of or safely keeping prisoners while outside the prison walls. ! SdIQ Pl CICnuOu COIIIclCJ UluuS lu6 territory to lease of the lands and to furnish such labor at any time, or place in said Yuma county to be designated by the company and binds the terri tory to properly guard them, feed them, clothe them, pay their transpor- tation expenses, and to have them on hand at any time, and within the hours named by the company, and as com pensatior therefor the first party, nor the territory does not receive the shares of any property of value, or any cash within the meaning and intent of ! the act under which said contract is pretended to have been executed
 That said contract is g granting to said company of an especial privilege in direct prohibition of the organic act of the territory
 This defendant respectfully shows to the court that as the duly appointed, qualified and acting superintendent of the territorial prison at Yuma, Ari- Zona, previous to the services of the alternative writ herein, this defendant was advised and informed by the Hon orable B. J. Franklin, as governor of the territory of Arizona, that the said pretended contract mentioned in the application herein was, and is, of no valid force and effect, and further ad- vised and informed in substance and to the effect that said contract was not of any legal force or binding effect up- on said territory or said board of con- trol and among other things concern ing the same, the said Honorable B. J. franklin, acting as such governor, au- thorized and directed this defendant in substance and to the effect that in the event that the said State of Arizona improvement company should by it's of ficers or agents make demand upon this defendant to do or perform any thing under the provisions of said con- tract, and especially if such demand should be made for the delivery of any prisoners confined in, or inmates of said penitentiary, to the said com pany, it's officers or agents, at the gate of said prison, or elsewhere, that this defendant acting as such superintend- ent should politely, but firmly, refuse such request, or any request, made or to be made under the provisions of said pretended contract That acting un- der the advice and information given by the Hon. B. J. Franklin, gov ernor Of this territory, and of the di- rection of the head of the executive de- partment of this territory this defend ant alleges that he made the refusal complained of in the application herein, and not otherwise.
 K
 The said defendant and respondent herein respectfully represent and shows t~ ,,~t 41a4 fha af authorizes and requires an indebted ness on the part of the territory to be contracted by and on it's behalf for ad- ditional guard hire; for transportation for guards; for the purchase of water rights, and other things in said con tract named, d,-none of which is to meet the casual deficits in the revenue, nor to pay interest upon the territorial debt, BOT to suppress instruction; nor , to provide for the public defense-and , all of which, when added to the already existing indebtedness of said territory will cause total indebtedness of said territory of more than one per cent of the assessed value of taxable property in said territory as property in such territory as shown by the last general assessment i for taxation. Therefore respondent ayers that the said contract is contrary , to the organic act of the territory and should not be enforced.
 XI
 Respondent further ayers, and gives the court to know, that the execution of said contract would be to interfere , with the executive prerogative of the governor of the territory, and to pre- ; vent the enforcement or exercise of the same, and is therefore null.
 XII.
 , Respondent further ayers and gives the court to know that the State of