Arizona republican., 1896-06-28
RESULT OF MURPHY'S ACT Arizona Will Lose About
 a Million. Illegal Bonds Have Been Made
 Legal. Disastrous Result Upon the Coun- ties of Yavapai, Pima and
 MariCopa.

act extending and amending the fund ing act has caused considerable com motion throughout the territory. It not only legaizes everything in the shape of just indebtedness, but it vali- dates large number of unjust and il- legal claims carrying about $1,000,00O pronounced against by the highest courts of the land.
 The Republican presents to it's read CTS this morning brief resume of the principal matters affected. by this late act, and a few of the questions heard on the streets by its representatives.
 In February, 1883. the legislature au- thorized and directed the supervisors of Pima county to issue county bonds for the purpose of promoting the con struction of certain railroad. Two hundred thousand dollars of bonds of the county were issued and exchanged for an equal number of bonds of the Arizona Marrow Gauge Railroad com pany, secured by a mortgage upon it's road The latter never was construct ed.
 Action was brought in the district court of the First judicial district upon 2,250 coupons attached to 150 of these bonds. Pima county, defendant, de- murred to the complaint both generally and specially and upon argument the demurrer was sustained and judgment entered in favor of defendant. An ap- peal was taken and the supreme court of the territory affirmed the judgment of the district court. Upon writ of er- TOT the case was taken to the supreme court of the United States and decis- ion rendered affirming the judgment of the territorial courts.
 It was held that the act of the legis- lature was a violation of the restric- tions imposed upon territorial legisla- lures by the statutes of congress and that the bonds issued created no ob- ligation against the county which a court of law could enforce.
 This decision was rendered October 29, 1894, just few days before N. O. Murphy was elected by the people of this territory as delegate to congress to look after the interests of this peo- pie.
 In 1885 the legislature passed a bill directing Yavapai county to issue its bonds to aid in the construction of what has been called the Bullock rail- road. About $30O0G0 were issued and the county has been paying s20,O00 in terest per annum on these bonds. There is now suit pending to test the validity of the bonds and with the de- cision of the courts up to the United States supreme, adverse to the issue there could be no doubt as to what the result would be.
 The railroad, poor, miserable affair that it was, has been torn up and car ried away, and Yavapai county is left to mourn to the full extent of it's bonds and the interest thereon until the year 1916.
 The passage of the Murphy bill came to this county as cloudburst from a clear sky and the people are talking about Delegate Murphy in no compli- mentary or delicate manner
 The Thirteenth legislative assembly passed an act directing the supervisors of this county to issue bonds to aid in the construction of the M. & P. rail- road and bonds were issued to the ex- tent of $20O,0O0.
 Some time last year a suit was brought to enjoin the payment of the interest on these bonds and to have the bonds declared void. J. B. Wood ward, as attorney for the taxpayers, was ably prepared and ready for the battle. This suit has never reached a hearing, but the decision in the case of Lewis vs. Pima county applies to 1t in full.
 There can be no possible contention in favor of the validity of these bonds and the holders thereof had excellen, cause to abandon their efforts in the courts. There were many decisions against them, all to the effect that the | Legislatures had exceeded the limita- 1 tion of their powers when they author | ized or directed the issue of such bonds There was but one remaining avenue through which they could work theil game and this avenue was the congress of the Nation In the case of the National bank vs. County of Yankton 1O1 U. S., p. 103, they found that congress can valid an invalid law ol void a valid law" It was simply nee essary to find the proper tool for theil purpose, and the passage through con
 gress of the act extending the funding act, now known as the Murphy bill
 shows that they were not obliged tt
 seek far for the right man.
 By means of this act, passed June 1896, all the decisions of the courts ar
 rendered useless.
 Congress has declared an invalid lav
 valid and the people pay the penalty o
 their helplessness. Congress tool good care to hold the government o