Arizona republican., 1897-12-30

 ation. By the former, he said, the county became the recipient of stock in railroad that was never built. Un- der the latter the county got nothing except a railroad that was built and all, though the speaker did not say so, that it was intended to be given. He referred to the supreme court decision in the case of Pima county vs. Lewis, and passed to the original funding act of June 25, 1890, creating the lean commission, section de uf which pro vides that county supervisors shall send in estimates of indebtedness to be funded. He argued regarding the character of indebtedness and the linn itations of the Harrison act. He re- ferred to the subsequent extension os the provisions of the funding act, the last amendment to which provided for the funding of all outstanding indebt- edness until January 1, 1897, and ad- vanced the theory foretold by The Republican yesterday that the loan commission had been dead since the last named date. He contende1 fur ther that congress did not validate the F. & A. c. bonds and did not under take to do so. His position was illus trated by a citation of the Holy Springs case.
 There must be a demand by the board of supervisors" said MT. Hern- don, before the loan commission can act and he referred to the denial last spring by the supreme court in the Pima county case of mandatory writ against the loan commission, on the ground that the board of supervisors of that county had not demanded the funding of the bonds.
 The speaker reverted again to the theory that the loan commission was dead since January of this year, and had unlawfully resurrected itself to fund the 2C3 P. & A. c. bonds. He also called attention to the circum- stance that the funding bonds had been issued in 1892, were four years old when this validating act was passed and that these bonds were ia the possession of ex-Treasurer Elem ing, private citizen, and were turned over by him to the loan comm ssion for the reason that they came within to the funding act.
 Attornsy-General Frazier followed MT. Herndon, reading his brief, which was an exceeding strong and care fully prepared document, in itself complete and continuous history of ali that appears in the case. The whol: matter, he said, was resolved into re- plies to the following questions: "Can the court restrain the loan comm:s- sion from doing what has already been done?" Gan the court restrain the loan commission from doing what Is only alleged to be threatened?"
 strong point made by the attor- ney-general was one with reference to the class of debts intended to be GOV cred by the funding act. He held that the loan commission was required to receive demands from supervisors only as to such debts as represented curr ent expense of county and that the commission need not wait nor heed demand or protest from super- v;sors regarding the funding of such classes of indebtedness as the P. & A. C. bonds. He held that the last amendment to the funding act vaIi- dated all outstanding warrants and all other evidences of indebtedness.
 The attorney-general proceeded to complete history of the P. & A. C.. railroad and the interest of the people in upholding and maintaining the rights of it's constructors and their evident willingness to issue the bonds. He also quoted from Jujge Sloan's decision in the late mandamus suit of John A. Black vs. the territorial au- ditor as to the sweeping effect of the most rigid construction Of the act of June 6, 1896. in which the intention cit congress must be considered.
 By the date, January 1, 1S97," which Mir. Herndon had pronounced to DC the death knell or the funding act and its creature the loan commis- sion, the attorney-general held to be meant only limitation as to the time within which indebtedness for fund.- ing under it's provisions could be ere ated. He called attention to the non repeal of any of the vital powers of the funding act and it's amentim ents either by implication or otherwise.
 One contention of the petitioner hal been that it required the full board 10 fund. The attorney-general ridiculed the proposition and drew humorous illustrations from the condition of the Franklin administration when rats. cats, mice and canary birds were not living together in harmony.
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