Graham guardian. [volume] (Safford, Ariz.) 1895-1923, 1897-02-05
INVALID LAWS.
Extract From the Report of the ella
County Grand jury, October
Term, 1895.

The following taken froU the
Silver Belt probably contains in.
formation not generally under
stood.
"Our attention having been cal
led to the acts Of the Eighteenth
Legislative Assembly making APP
preparations for the Territorial
Normal School, the University of
Arizona and the Territorial Reform
School, In addition to levies for
those institutions previously pro-
vided for, we have inquired INTO
the matter, and believe the SAID
acts are illegal. They are:
"Act No, So, to provide and COM
plete suitable buildings for the
Normal School.
"Act No. GA, to provide and com
plete suitable buildings for the
Reform School.
"Act No. rs, to provide for a
dormitory at the Territorial Uni
verslty.
Sand in compliance with the
above acts the board of supervisors
of ella county, at u regular meet
ing held ON August 80, 1895, did
make levles as follows;
"For the Normal School, four
cents upon each 500 valuation of
taxable property within the county.
"For the Territorial University,
two and one-half cents, upon each
500 valuation;
.And for the Reform School,
three cents upon each 500 valu-
alton.
"The aggregate amount to be
collected from the tax payers OF
ella county under these acts, and
through levies otherwise provided
for, for the year 1895, is S1,l73.34,
and like amount, or greater, will
be demanded next year unless some
action is taken TO restrain the board
of supervisors from making the
levy.
"The levy under the acts of 1895
is illegal, for the following reasons,
to wit:
"Section 3, Organic Law of Ari-
zona, (page 81 r. s. Az provides;
"That no law of any territorial
legislature shall authorize any
debt to be contracted by or on be-
half of any such territory, except
in the following cases: TO meet a
casual deficit in the revenues; to
pay the interest upon the terrltori,
al debit to suppress instructions,
or to provide for the public defense
except that in addition to any
Indebtedness created for such pur,
poses, the legislature may author
ize a loan for the erection of penal
charitable or educational institu
tions, if the total Indebtedness OF
the territory is not thereby made
to exceed one per centum upon the
assessed value of taxable property
in such territory etc.
Sand section A, Organic Law
provides:
"Thatfno political or municipal
corporation, county, or other subdi
vision in any of the territories OF
the United States, shall ever be.
come indebted in any manner. or
for any purpose, to any amount in
the aggregate, including existing
Indebtedness, exceeding four per
centum on the value of taxable
property etc.
"First-The levies authorized by
the Eighteenth Legislature, for the
purposes named, are not loans, but
a direct tax upon properly, and
therefore illegal within the mean
ing of the law.
"Second-The existing indebted
ness of the territory of Arizona
greatly exceeds one per centum of
the value of taxable property-in
fact is over eight per cent.
"Third-The indebtedness of
ella county exceeds four per cent
OF the value ofthe taxable property
in the county.
"For the reasons stated the taxes
levied for the Improvement of the
aforementioned territorial institu-
lions are illegal, and the acts
authorizing them unconstitutional.
Therefore, we, the grand jury,
appeal to the board of supervisors
OF ella county to refuse to make
any further levies under the acts of
1895 for the Territorial Normal
School, the University of Arizona
and the Territorial Reform Sceool."
| ->e~-.
THE bill introduced by J. J.