Arizona republican., 1896-11-10
SUPERINTENDENT IN Eh>
Cannot invalidate Contracts of
 the Board of Control.

Cannot lnValiQato COntf6CtS or
 the Board of Control.
 The State of Arizona Improvement
 Company Wins Out in the Convict
 Labor Controversy-Ihe Decision
 of Judge Baker.
 Judge Baker yesterday rendered decision at Yuma in the suit on man damus brought to compel the territory to conform with the terms of con- tract entered into by the board of con- trol with the State of Arizona Improve ment company whereby the convicts of the territorial prison were leased to the improvement company for ten years.
 The judge reviewed the application for a mandamus which was based on a certain contract entered into by the territory and petitioner. The contract provided that iHhe Improvement com pany should have exclusive control of all the able,bodied cOnvicts in the prison from o'clock a. m. until 5 p. m., for term of ten years, and that lHhe superintendent should furnish the convicts on demand. TheI improve ment company made a demand for ten eouyicts and the prison superintendent refused to comply with the request An alternative writ was issued to which the prison superintendent an swered, setting forth numerous reasons why the final writ should mot issue. As a reason for his position he alleged that the contract was invalid. The respondent conHended that a mandamus was not the proper procedure as the private contract.
 In regard to the main principles gov erning mandamus eases against public officers, Judge Baker said:
 'Where a party has a clear legal right, to the enjoyment of which some ministerial duty by a public officer is necessary, and he has no other plain, speedy and adequate remedy, he is entitled to a writ of mandamus to en- force lthe performance of that duty by the officer. A ministerial duty devolv- ing upon an officer is one expressly imposed by some law, or one neces- sarily arising as an incident to the office. A private contract involving no official duty will not be enforced by mandamus, but where it does involve public trust or official duty, that duty may be enforced, since Ehalt is one of the grounds for the issuance of the writ It is to be observed that this controversy is to be determined solely upon the face of the contract and pleadings as applied to the law In other words, it is a question of law Whether the contract is wise or unwise and indiscreet, or profitable or un- profitable, and all other similar ques- EiOns are considerations, not flor tEx court, but for the parties to determine It is the business of courts to enforce contracts, not to make or modify them In this case, therefore, the sole duty of the court and the measure of its power is to apply the law to the fac, of the contract"
 The judge stated that lhe practice O leasing out convict labor to privat. individuals prevails in several state of the Union. The subject matter Q the agreement was the leasing of tn convict labor to be employed in tn construction of canal contemplate, of the Improvement company and pay ment for the labor was to be made il water rights or shares in such cana The consideration expressed is th rating of convict labor at 70 cents De day, payable in water rights or share in the canal at the rate of $1 500 flo every shane or night to each eight acres of land.
 In citing the power of the board ( control to enter into such a contrac the judge referred to the laws of Ar zona of 1895, page 20, section g, as fo lows: firj 4
 Said board of control after qua lfy1ng and entering upon their dutie shall have full control over the te1T tor1al insane asylum, the territori; reform school and the territoris prison, together with all the propertie buildings and lands belonging theret or that may hereafter be acquire Sixty days after the passage of this a, they shall have the power and amtho ity to enter into an agreement or agre ments with a responsible person ( persons to lease on shares or for cas the property, buildings and lands { any part thereof, now belonging to u territory, wherever said buildings al lands may be located, or that ms
 hercef+er tHe required for Ihe purpo of furnishing employment LOT the ii mates of the said territorial prison al
 the said territorial reform school.
 ''The said board shall have the a thority to contract with a responsit person or persons, to furnish the lab
 of the inmates now within the sa
 reform school or said prison, or th may hereafter be confined therein,