Arizona republican., 1896-06-16
THE COMPLAINT.

In the District Court of the Third Ju
 dicial District of the Territory of Ar
 izona, in and for the County of
 Yuma.
 In the Matter of the Application of
 the State of Arizona Improvement
 Company for 8 Writ of Mandamus.
 Now comes your complainant, the State of Arizona Improvement con- pany, and alleges as follows:
 That it is @ corporation duly orga- nized and existing under the laws Of the territory of Arizona. That during all the time hereinafter mentioned M J. Nugent, a resident of Yuma, A. T.. was and now is superintendent of the territorial prison at Yuma, Ari- zona territory; that as such superir.- tendent he has full charge of and con- trol of the prisoners confined in the territorial prison, subject only to the direction of the board of control of the territory of Arizona.
 That on or about the 2d day of De- scember, 1895, your complainant en- tered into a contract and agreement with the territory of Arizona, through it's board of control, and on or about the ... day of April, 1896, your complainant entered into supple mental contract with the said territory through it's board of control, which contract, agreement and supplemental contract the said board of con- trol had full power and au- thority under the laws of the territory of Arizona to make. A copy of which contract is hereto at tached and marked Exhibit "A," and made part of the complaint.
 That on the 25th day of May, 1896, your complainant did demand, in writing, of M. J. Nugent, superintendent of the territorial prison aforesaid, that in pur- suance of said contract, he fur nish to your complainant on the 2d day of June, 1896, ten able bodied male con- victs out of the territorial prison at Yuma, properly guarded, on the out side of the gate of the territorial pris- on at Yuma.
 That on the 18th day of May, 1896, the said M. J. Nugent served writ ten notice upon your complainant whereby he peremptorily declined to furnish said convict labor at such time and place or at any time and place.
 That your complainant has no plain, speedy or adequate remedy in the or dinary course of law.
 Wherefore, your complainant prayS that a writ of mandate issue out of this honorable court directed to the said M. J. Nugent, superintendent of the territorial prison, directing him and commanding him to furnish your complainant ten able bodied male con victs out of the territorial prison, on the 2d day of June, 1896, on the out side of the prison gate of said prison at Yuma, properly guarded, and for such other and further relief as to the court may seem meet and just in the premises.
 (Signed) L. H. CHALMERS,
 Attorney for Plaintiff Territory of Arizona, County of Mari
 copa, ss:
 Eugene s. Ives, being first duly sworn on oath, deposes and says that he is the president of the State of Ar izona Improvement company, the com plainant herein, that he has read the foregoing complaint and knows the contents thereof, and that the same is true of his own knowledge, and that he makes this affidavit for and in be- half of the complainant, State of Ari- zona Improvement company
 (Signed) EUGENE s. IVES,
 Subscribed and sworn to before me this 26th day of May, 1896.
 (Signed L. H. CHALMERS,
 (SeaD Notary Public.