Arizona republican., 1896-05-05
SUPREME COURT SESSION High School Law Is Sus
 tained. Dunbar Spared a Thousand
 Dollar Fine.
A Large Number of Decisions Are Announced After tn Courts
 Recess.

The supreme court of Arizona met
 yesterday in adjourned session of the
 January term. Present were: Chief
 Justice Baker and Associates Bethllne
 Rouse and Hawkins, as we'll as the officers, United States Attorney Ellin-
 wood, the United States marshal. Cn.er
 Joe Pratt and Bai.iffs J. E. Briggs and Frank McCintock Aiag
 A batch of decisions was in readi- ness, made out by the members of the court during the recess. The, decisions embraced the following:
 Case IA, being that of John o. Dun- bar, appellant from decision of the district court of Pima county. nin .a $l,0OO fine for eriminal libel, was de- clded for the appellant and the de- tendant was ordered discharged. The point in the case was that the court had fined and had committed till the fine should have been paid. There was no Imprisonment owing to the appeal, yet, under the terms of the de- clston the defendant, if unable to pay might nave been remanded to jail for the balance of his life. This is in di- rect violation of tine statute which prescribes that in the event of a fine Tor other than contempt an alternative of rate per diem of imprisonment must by the judgment be stipulated.
 In the case of The Republican P1b- fishing company against w. H. Gill the Judgment of the lower court was affirmed
 In George H. Fitts vs. the Common Council of the City of Tombstone a case involving point in regard to the collection of taxes in incorporated eft les, was decided for appeuee and the Judgment of the lower cu1rt af- firmed.
 Case 514, that of Nathaniel sharn appellant, against A..he Board of Su- pel Vlsofs or 1ar1copa county, was one oi especial local interest. It involved the validity of the union high school law passed by the last legislature and therefore the existence of the Phoenix nigh school. It was sougt to show that une districts only that voted lave, on une question at the last election wera chargeable with the high school costs instead of the entire block of districts that might collectively give a majority TOT the proposition. The judgment of the lower court in favor of the county was sustained.
 Another appeal of especial interest was that of Lawrence M Lemon fron, sentence Of seven years for man siaugnter, imposed by the district court of Pima county. Lemon was faised in Phoenix, though for the past several years a resident of Cochise and Plma counties. No change was made m the verdict of the lower court and | Lemon will continue in the neniten- .iary. pn'''n
 Judgments in the following cases were affirmed: T. F. Miller vs I A Webb, r. T. Burtis vs. Robert Rank Ter Ct al, A. Bauer ct al vs. Eger Wag. Ter ct al.
 Motions for rehearing were refused n the following cases: H. Ohnick ys ii. Sherman, G. w. Bryan ys. thr ;ounty of Cochise, T. D. McG,asson and J. Chandler vs. D. A. Terr.ll Sail .iVer !, valley God Mining company ct U Vs. Joseph B. Norton ct al Jesus alranoa ct al Vs. Charles and Leo Ioldman, Northwestern National bank U al Vs. B. N. Freeman ct al. In tha 'ase last mentioned notice was given f an appeal to the supreme court of he United States.
 In II. w. Ryder vs. Henry Er;cksen notlon to set aside judgment was de jed
 In G. w. Severance and Quincy A. 'naW Vs. Michael Welch, a motion to etax costs was submitted.
 The court then stood adjourned till . this morning. The session is under tood to be likely to be a short one.
 WARM WEATHER STRIKES