Arizona republican., 1896-06-16
(Signed ED SCHWARTZ,
 Clerk of the Board of Control.
OPINION OF ATTORNEY GENERAL
He Scores With a Heavy Hand the Con-
 tracts Terms.


 tracts Terms.
 The contract, as above printed, was first brought to the attention of Gov ernor Franklin last April, soon after his assumption of office. It was claimed it had by Fleming been as- signed tor the greater portion of it) to Messrs. Ives and Hutchins, and was by them first presented to the executive. It was a surprise of the largest magni- tude. investigation of the records of the board of control found no note of any such contract and it had even been denied in official quarters that such document or agreement existed. The signatures appeared authentic and yet to the executive the proposition was so extraordinary and so at variance with equity and the interests of the terri tory that he gave the presenters of the contract scant encouragement. The papers were referred to Attor- ney- General J. F. Wilson, who, in due time rendered an opinion as follows: Prescott, Ariz, May 25, 1896. To His Excellency, B. J. Franklin, gov | ernor:
 Dear Sir-Yours of recent date ask 1 ing my opinion as to the legal expedi- ency of the enforcement and legality of the lease contract of the board of con- tro of date of December 2, 1895, made with the State of Arizona Improve ment Company" came to hand in due 1 course of mail and the subject of it has been carefully analysed.
 This contract, taken as whole, is certainly beyond the ordinary any where in the line of contracts bearing on subject matter with which it deals.
 It binds the territory altogether, and the company with which it deals scarcely anywhere.
 It lets to that company 2,115 acres of territorial lands, and the prison labor of all convicts in the territorial prison now there, or to be put there during the life of the lease, and yields exclusive control of it to the company; and for the whole of this time it imposes no obligation whatever on the company to defray any of the expenses of, or to make any preparations for the safe keeping of prisoners when outside of prison walls.
 On the other hand, it binds the terri tory to furnish this labor-the prison ers-"at the place or places" to be des-
 ignated by the eompany-far away from the prison as we'll as near.
 It binds her to properly guard them feed them and clothe them and to have
 them on hand at the time and within the hours to be named by the company
 and anywhere they may name.
 In a word, this prison labor must be
 furnished this corporation, whenever
 it requires it, by the territory, and al
 together at territorial expense at ter
 ritorial risk and responsibility; anG !, without any corresponding risk, outlay ) or responsibility whatever on the par
 of the contracting corporation.
 The territory must transport it guard it, feed it, and clothe it; and tht company controls it, directs it,S ant takes to itself the benefit of the labol
 yielded, without a dollars considera l tion advanced for it. The only con ' sideration for all of this lies in prom ise; and that promise is, as we glea1 , from the instrument itself, something l which the company itself has not, and : from the contract itself, something i will never have except at territoria
 expense.
 The company in the contract agree
 to compensate the territory as follows To pay for territorial labor 70 cent = per day-not in cash, nor any othe valuable tangible thing now in esse
 but in water rights which that com pany has not, but which it possibl.
 may hereafter obtain at the respon sible risk and expense of the territory : in manner hereinbefore enumerated.
 These water rights when acquired, f ever, are to be taken at $20 per acre 7 with the privilege reserved to the com 5 pany that, if, when they be acquired 3 if ever, they may be worth more, 3 | hot i,