Arizona republican., 1896-06-16

the said pretended contract mentioned and described in the application here in, is without consideration, power of execution or operative in this, to-wit:
 That it binds the territory to furnish labor therefor, without any remunera- tion or compensation to the territory, it lets the lands of the territory with out any remuneration or compensa- tion to the territory.
 VII
 That the said contract shows upon its face that the said board of control had no power or authority to execute the same, and is unconsciousable in this, to-wit:
 That the pretended bond herein re- cited and referred to is therein shown to have been executed, delivered and approved before the execution of the pretended contract, whereas in truth and by the said law of March, 1895, af- ter the contract was executed, the said hond was given for the performance of the contract.
 That in and by the provisions of said pretended contract, all the labor of all the male convicts on December 8, or thereafter, confined in said prison, is leased without making any provision for inmates who are ill or unable to perform labor, from the exceptions of said contract, and said contract does not make any provision for the exemp- tion therefrom of any trusties or other inmates, necessarily performing ser vice within said penitentiary under the reasonable rules and regulations there of.
 That said pretended contract dis closes upon it's face that it is not to the best interest of said territory in this, that the same pretends to be a contract for ten years, and that in the event of the removal of the territorial prison to any other portion of the ter ritory, such removal will in no way, manner, shape or form interfere with the conditions, stipulations and cove nants of the pretended contract and lease, whereas in truth and in fact the cost and expense of transporting in- mates of said prison from the location thereof to said Yuma county will pre- sumably be largely in excess of any remuneration or compensation which may be received by said territory under the provisions of said pretended con- tract. And that it is not to the interest of said territory to have it's boards or officers make and enter into contract whereby the expenses of said territory in the performance, as such contract would be In excess of the remuneration or compensation to be derived there from.
 That the said pretended contract does not contain any express provision that it Is made upon the express con- dition that at no time shall the labor of the inmates of the said territorial pris- on be leased to any person or persons when the labor of said inmates of said institution is required upon any build ing or properties thereof, but leaves the question of said condition not tc the contract of the parties, but to the courts to be determined by litigation as to what acts shall constitute such con. dition.
 That said pretended contract does not contain any provision defining the kind or character of the work required and tc be required, of said inmates, o1 providing for the safety of said in- mates or the health thereof, or any negligence which may on the part oi said company cause injury to said in mates resulting in necessary injuries and damage, for which the said terri l tory of Arizona may be required to compensate and pay; that such work may be of such an unhealthy character as to cause the sickness to said in. mates, and corresponding expense tc said territory.
 That no provision is therein made 1 for saving the territory harmless ir case where any convict or convicts may refuse or decline to work at the request of said company.
 That there is no provision in saiG pretended contract providing who shal determine who of said inmates, if any are able bodied men, permitting there by disputes to accrue between the parties thereto, which may result in ex pensive litigation to the territory.
 That in and by said contract it i: provided in one place that the party O. the second part is to have the exclusive control during the ten years from tht date of the instrument, but in a subse quent and controlling portion of sai( contract it is provided that the sait instrument shall expire and be deter mined at the termination of ten year from the day when water shall be con ducted into a canal to be constructed in the future, which date is uncertain and unascertained, except that th same shall not exceed four years iron the date of the execution of said instru ment, thereby contravening the provis ions of said act of March, 1895, in this l to-wit:
 That no contract or lease shall b. made to extend for a term of nor than ten years from the time of makin! said lease or contract, whereas in trutl and in fact said contract and lease i not to expire until fourteen years iron l tho data thnroof