Arizona republican., 1897-10-02
AT THE THIRTEENTH HOUR.

AT THE THIRTEENTH HOUR. Yavapai County Moves in the P. & A.
 c. Bond Matter.
 At late day, apparently too late, in fact, Yavapai county has gotten a move on itself in the matter of the Yayapai county bonds Mr. H. D. Ross, district attorney of the county of the pines, arrived here early yester- day morning, his pockets bulging with a petition and himself big with purpose to defeat the iniquity of the territorial loan commission. Mir Ross coming was not entirely unexpected; his mission was not quite a surprise. He arrived here some hours before daybreak. In fact, he came on the cars, which, as everybody knows, were due at 11:45 D. m. Thursday, but really did not come until 1 :15 a. m Friday All the forenoon the air was affirighted with a rumor indistinct, but on ac- count of it's indistinctness all the more terrible, that something was about to happen. business was sus- pended. A great many persons even believed that the right to breathe had been suspended until MT. Ross should show his hand.
 He did it ultimately, that is to say. at about o'clock and forty-seven minutes yesterday afternoon. When the shock and reaction incident there to were passed, things in Phoenix re- sumed their wonted course What MT Ross did was to file in the district court of the Third judicial district, in and for the county of Maricopa, terri tory of Arizona, suit entitled, "Yav- apai County vs. M. H. McCord, c. P. Leiteh, c. H. Akers and George Vick- CTS" The grievance of Yavapai county was set forth under six heads. The first contained statement re- garding the personality of all the par ties to the actions. The plaintiff was represented to be a much suffering corporation. M. H. McCord was al- legged to be a governor of Arizona and member Of the territorial loan com mission. MT. .Akers was also a mem Der Of the commission, and so was one or the other Mr. Leitch or MT. Viclsers. the complainant did not not know which
 The second section was brief his tory of the Yavapai county bonds, 292 il number, of the par value of S1 .000 Of these 242 were outstanding and all were said to be null and void. It was stated that on September IS the defendants, McCord and Akers, pretending to proceed under the funding act of 1890 with the amenda- tory acts, had voted in the absence of Mr. Leitch to refund these bonds.
 It was further stated that the bonds had been issued for no debt or eDfiga- tion, but had been donated by a man datory act of the !s4islature without right. or authority
 t-The petition sets forth that the | Supervisors of Yavapai county had not only made no request to the loan con- mission to refund the bonds, but on the other hand as early as last De- cember had protested against their re- funding, all of which was known to MT. Akers, who was then clerk of the board and had forwarded to the com mission a copy of the minute entry The petition takes the ground that the consent of the board of supervisors was condition precedent to the fund ing of the bonds. In the face of the l protest of December last it is alleged i that the commission was without jur- 1 isdiction. There was another tele- graphic protest on September IS, the | day of the funding, but it was not re- 1 ceived until after the tragedy and is consequently irrelevant.
 i It is still further stated that the PAP P. & A. c. bonds were in the hands of Kitchen & Co.,, of Wall street, New York, the firm being composed of Helen, James, Cyrus B., William K. Sd, James, Jr., and in fact pretty nearly all the Kitchens except our own Pete. Or December IS last these 1 Kitchens brought suit against the county of Yavapai upon 454 coupons which suit was pending on the mo- mentous September IS, but was dis i missed on that day contrary to ths wish of the defendant Yavanai county which was demanding a showdown.
 The petition closes with a prayer to , to the court to restrain Messrs Nc Cord ct al from funding these bonds ! until both sides can be heard and the
 matter of the legality of the bonds ani the authority of the commission may be tested.
 Judge Truesdale hearing the peti
 tion granted the prayer, ordered the
 Wr1t to issue anu the case was set IOl
 hearing at 10 o'clock this morning Interest is detracted from the pro
 ceedings by the fact that the thing
 which the court is asked to restrain
 the defendants from doing has Ions since been done. The refunded boEd
 are now supposed to be in the clutches
 of Kitchen 6 Go.