The Arizona sentinel., 1896-11-14

of some value. Seventy cents per day is the rate for the labor and the affidavit (which seems to he cun!essed) accompanying the petition shows the sale of rights or shares in the canal to the amount of $200000. Thi< is some indication of the value of the shares. Here inhdequacy O. price or consideration, however, i5 never held to be sufficient to void d contract, uu less such ina Ioquacy be SO gross and and furni-hes deci>ie evidence of fraud. The application of this do'- trine is very rare indee l, and is never applied on the mere ground of inad- equacy of consideration, but on the ground of fraud as evidenced thereby. The rule IS we'll settled by consensus of decisions, that where the pIrties were both in situation to form an independent judgment and act know ingly anal Intentionally, mere inad- equary of prire or consideration, unac companiel ny other negotiable incl dents. iS never of itself sufficient ground upon which to cancel con tract. Here, thrr. Is TO charge of fraud; no sugge >tion of unlue advant age arising from the situation or character of the contracting parties ;; or covin or overrcaching; or conceal ment or suppression of facts.
 The fact the Territory is a party does not alter these principles Once before the court, the rights and obliga- tions of the parties must be adjusted upon the same principles as if the contracting parties were private indivi- dualS.
 Furthermore, a valil act of the legis- llture of the Territory expressly au- thnrize the contract t. he entered into. Laws of Arizona 1895, D. 2p. Section 9 of that Act is as follows:
 Said Board Oi Control alter quality ing ani entering upon their duties, 4hAll have !ull control over the Terri t0'ill Insane A.ylum, the Territ"rinl Reform Srbnnl an | the Territorial prison, to.etherwith all the prop"rtie /, huilIingS anL lands belonging thereto or that may hereafter be acquired. Sixty days after the passage of this Act they shall have the power and authority to enter into an agreement or agreements with a responsible per son or persons to l-ase on shares or for cash the prop"rty, bull iing and lands or any plrt thereof, now belong jag to the Territory, wherever said buildings and lands may be located, or that may hereafter be required for the purp ,se of furnishing e nplorment for the inmates of the said Territorial Prison anu the said Terrii orial Reform School.
 "rhe .id Board shall have the au- thOrity to contract with responsible person or persons, to furnish the labor of the inmates n' within the said Reform School or sail Prison, or that may hereafter he cohtined therein, or any number of them, for the best interests oi tie Territory, provided, however, that at no time shall the rhor Of the inmates of the saii Ter ritori Il PriSo or Territo 'ial Re 'orm School e l'as.d U any D 'r>o or per sons when the Labor of the inn lte5 of the sai institutions is required upon any bu:l ling< or properties of the aforesaid institutions, and no lease or contract shall be made that will ohliga,e the Territory to flrnis' tools, machinery or money, or to mike other expenditure other than the labor of tie inmates, properly clothed and tel, anu the proper guards for the me, together with the us- of the property, builllin $ and lands htreto- fore mentione !, prnvid 9l that no con tract or lease sh I'll he mada to extend fbr q term Oi more ten {l)J years from the time of making sai lelse or con tract.
 And the said E ,ar.l may cont. act to allow such labor to he performed at any place either side Qr outside of tn. prison walls or the confines uf the Reform $ houl, but if a contract be made to allow lAhor to be peri )rmed outside of the l'ris n Walls or confines of the Reform School, it must be done under proper restrictions, hay ing regard for the safety of the prison CTS of inmates. A g0oi an sufficient bond must he given hy the person or per ons leasing the lanor of inmates of the aforesaid institutiol IS for the f,thul peri, rman ot such contract; said bonI to Le appro .ed by t Ie Board 0. Control"
 It must he conceded hy every fair and nprrtial min that the contract Is clearly within the limitations and provisions prescribed ill this section.