Graham guardian., 1897-10-22
SUIT FOR BACK-sALARIEs.
Action In Pima County brought to Sustain
the ke-Ins tatement Salary Law,

0'ioh an fima County brought to Sustain
the Reinstatement Salary Law.
An action is now pending before
the district court at Tucson,
against Pima county for the pay
ment of county officers salaries
under the Reinstatement Bill
passed by the last legislature. The
following is the law in full:
ITO Reinstate Salaries of County
Officials for the years 1895, and
1896, and providing for the pay
ment thereof by Their Respective
Counties Except in Counties That
Have Been Sub-divided or organ
lied Since January /, 1895.
Whereas, at the general election
OF county officers in the year 1894,
all county officers were elected to
hold their respective offices for and
during the years 1896 and 1896,
and under the then existing laws
and salaries, and,
Whereas the Territorial Legis
lature in March, 1895, passed an
Act classifying the counties of the
Territory and fixing the compen,
sation of county officers therein, to
take effect January l, 1897, and,
Whereas, in the enrolling and
engrossiug of said Act for the sig
nature of the Governor, the i'm.
portant portion "To take effect
January l, 1897" was mitted;
and,
Whereas, by said omission of
ITO take effect January l, 1897"
the law took effect at the date of
approval by the Governor. being
on and after March 81, 1895, caus.
ing thereby serious loss of COM
pensatlon and salary to many
county officers, contrary to said
Act as actually passed by said Leg
islature, therefore,
Be II enacted By the Legislative As
sen'bty Of the Territory of Ari=ona.
SECTION /. That the County
Board ofSupervisors, upon demand
in writing of any one interested,
are hereby authorized and directad,
excepting in counties that have
been sub-divided or organized since
January l, 1892, to audit the sal
airy accounts of any official who
may have held Office in their re-
spectiye counties for the years
1895 and 1896, and in auditing any
and all of said accounts shall allow
to each and every one of said Of
fcials the amounts that each should
have received had said Act, ap-
proved March 81, 1895, taken eft.
feet January l, 1897, and shall is
sue warrants to each of said coun-
ty officials, or their legal repre-
sentatives, for such amounts as
shall be found as remaining un-
paid.
Sec. 2. The county Treasurers
are hereby authorized and direct
cd to pay the warrants so issued
By their respective Boards of Sup
eryisors and provided for in Sec
ton of this act, out of the Salary
Fund, of their respective counties,
or if there are no funds in the
Salary Fund, then the same shall
be paidout Of the General Fund
of their respective counties.
Sec. 3. This Act shall take eff
feet from and after its passage"
The district attorney Of Pima
county last April rendered an OPP
inion upholding the law for the
payment of these back salaries
while District Attorney Jones fl
ed an opinion, with our county
Board, against the law.
Both Graham aud Pima counties
through their Boards refused TO
pay the salaries. Elk Treasurer
Johnson, of Tucson, has brought
an action against Pima county
lnder the law for the back salary,
md, on account of tie positi N
.akcn hy District Attorney Sa:,sr,
white, that county has enploy.
ID Attorney Franklin to resist
payment. A brief and argument
~ Wiley e. Jones, in opposition
o the law and the back salary has
'een forwarded to Mr.. Franklin at
he request of that gentleman.
let us hope that the law may be
defeated by all means.
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