Arizona republican., 1897-12-31

Record to show that the act of June 6, 1896, was known by the bondholders to be not a validating act and that the act pro- posed the next year, but failed of the presidential signature, was intended by them to be remedial.
 MT. T. w. Johnston of Prescott closed the case for the loan commis- sion. His argument was a marvel Of succinctness and clearness. He touched
 only upon vital points, but not only touched upon thehn, but illumine1 them He began with the vacillating conduct of the Yavapai board of su- pervisors regarding the bonds and upon which the opposing counsel so strongly relied. Their pleadings, he had charged, has been as shifty and vacillating as the course of the supervisors had been. He rid:culed the petition and it's allegations. An injunction against something already done was asked for and men were to be restrained from executing threats which had never been uttered.
 Referring to MT Herndon's remarks regarding the power and authority of congress and the legislature, MT. John ston began With the history of tho legislative act of 1885 and it's results. Regarding the alleged dissolution of the loan commission by the act of June 6, 1896, he read from the acts of the late legislature, an art providing for and regulating the expenses of the commission. MT. Johnston de parted from his argument for a mo- ment to speak feelingly and elo quently of his native state, Mississippi. which half century ago took advan- tage Of technical defense to repudi- ate an honest debt. Since then Mis- s1ss1ppi has religiously discharged all her obligations, but by that one act or public dishonesty she is still ex- euded from the commercial centers of the world. He spoke at further length of the principal of repudia ton.
 Returning to the subject of legis- lative power and authority, MT. John stol admitted that a legislature can do nothing against which there is constitutional inhibition. The legis lature is the mouthpiece of the people and any act not in conflict with the constitution is an authoritative popu- lar expression There is not a line. not word in the constitution. said the speaker, inhibitory of the power of congress to legislate as it pIea.es with reference to territories
 MT. Johnston den ed that the Yaya- pal board of supervisors had a right to rescind their action in demanding the funding of the bonds, and cited au- thorities sustaining his contention. This, however, was immaterial in this case, for MT. Johnston then proceeded to show that no demand by counties or supervisors was contemplated in the matter of funding obligations held by private person. He closed with the proposition that the act of June was passed to validate these very bonds and that that was the intelli- gent intention of congress. which. he presumed, knew what it wished to do and was competent to properly frame the expression of it's will.
 The arguments were closed by Dis trict Attorney Ross of Yavapai county.
 His address was brief and in support of the theories advanced by his prede- cessors, MT. Herndon and MT. Norris. The counsel for the petitioner when ever they spoke of the invalidfty of the P. & A. c. bonds saw a ghos. con jured up from it's grave in Yavapai | county records by Mr. Johnston. They looked 'brawely over it's head, pretend
 ing they did not see it, but it was ever present. This was the ghost made a
 part of the evidence in the present case: Within the last year ex-Distr- ct Attorney R. E. Morrison, ex Recorder
 F. A. Tritle, Jr, and ex-Treasureu
 John Hartin brought suit against the | supervisors of Yavapai to recover back pay for salaries reduced by the Eight
 eenth legislature after their election to office. The suit was brought upon a1 act of the last legislature restoring | to county officials the difference. The | justice of their claims was admitted by District Attorney Ross by stipula-
 tion, but the plaintiffs found that MT I Ross had only admitted them into the presence of fatal obstruction. He | showed them that the county had al- | ready exceeded the limitation of in- debtedness fixed by the Harrison act. | In order to make this showing, MT.
 Ross had included twenty two of the