Arizona silver belt., 1897-05-13
A LATE DECISION ON THE FOUR
 PER CENT DEBT LIMIT.

In pursuing our investigation of the status of the laws of the legislature i'm. posing obligations npon the counties in excess of the per cent limit of their valuation of property as assessed for taxation, we find a unaninimity of au- thorities in support of our contention that all such laws and obligations are illegal and void.
 A case in point, and the latest de- cision bearing directly npon the ques- tiou, is in the case of Martin ct al vs. Territory ex rel, Gray, by the su- preme court of Oklahoma, delivered Feb. 12, 1897. The case came up on a writ of error from the district court of Logan county. The court below had awarded peremptory mandamus, requiring the respondents to levy d special tax to pay warrants issued by the city authorities of Guthrie under decree of court. Counsel for respond. ents contended that by reason of the fact tbat the indebtedness of the city exceeded per centum of the taxable property within said city at the time said warrants were issued, said war rants were void and illegal, and that their payment could not be enforced by mandamus or otherwise.
 The supreme court of Oklahoma holds that section f of the Organic Act (the Harrison AcD taken in connection with the averments of the respondents to the writ in this cause, would seem to be conclusive of the inyalidity of the warrants in controversy.
 The section of the Organic Act re- ferred to imposes limitation upon the power of municipal corporations, counties or subdivisions to become in- debted in any manner or for any pur. pose in excess of | per cent of the tax able property and that the legislature has no power to require city [county or subdivision to pay debts and liabil- ities which are in excess of the max imum limit fixed by the laws of the United States (City of Guthrie ys. New Viena Bank, Okla)
 "The conclusion of this court upon this point [that the act of congress of July 30, lSS6--the Harrison act-is limitation upon the legislature, as well AS upon city and county suthoritiesl and its construction of the act of con gress of July 30, 1886, is supported and sustained by the great weight of authorities. If the proposi- ton involved was new proposition, that bad not received repeated, careful consideration by this court, or been elucidated by authorities, we would yet have DO difficulty from the plain lan- guage of the statute of 1886, to deter mine the meaning and intent of con gress, and the exact limitation intended to be imposed thereby upon the powers of those intrusted with the creation of municipal Tor county indebtedness, or whether the legislature of the territory, as well as the governing authorities of the corporation, were inhibited from creating an indebtedness in excess of the limit prescribed by that law. '
 Tt will not, therefore, be assumed (the language of the act not wsrranting such assumption, but clearly negativing the same) thut congress simply in- tended to limit the powers of the gov erning body of the corporation in this behalf, and yet left the authority exist ing in the legislature to impose liabili- ties to an unlimited extent, and thns defeat the very spirit and purpose of the enactment. If the legislature may lawfully provide for increasing the in- debtedness of municipality Tor .countyl beyond the 4 per cent limit, or to any extent 'h"- -' ptrG 3r llg '.a sa arHaad, .gd a prohibition