Arizona silver belt., 1897-04-29


 legislature authorizing counties to incur indebtedness above the limit allowed by the Harrison act has been called in question in the courts, the law has been declared unconstitutional and void. A case in point is the de- cision declaring invalid the Arizona Marrow Gauge railroad bonds issued by Pima county, which decision was affirmed by the territorial supreme court and the supreme court of the United States.
 Another decision of more recent date (Jan. 23, 1S9G,) by the supreme court of Arizona is that rendered in the case of McRae vs. Cochise county. The decision is by Judge Rouse, Judge Hawkins concurring, and Judge Baker, in A separate opinion, concurring in the material part of the decision. The action was brought to decide the validity of the act of March l0, 1889, which requires boards of supervisors of the various counties to offer re- ward in any suIn not exceeding S3000, to be paid to the person who shall be first in obtaining an artesian we'll in the county. Judge Rouse, in the opinion of the court, holds that "the inhibition in said Harrisonl act is not limited to indebtedness represented by bonds, but includes obligations. The word obligation is de- fined to be a tie which binds us to pay or do something agreeably to the laws and customs of the country in which the obligation is made. A county can not become indebted or create an obli- gation, in any way, excepting in the manner prescribed by law. Said net of congress is an inhibition against the enactment of law by the legislative assembly which would permit county 10 become obligated for any sum in excess of the limit fixed. It is not the policy of state to levy taxes and draw from the pockets of the people, to be boarded, the money which should be kept in circulation. The policy is that the tax is for the purpose of securing revenue sufficient to meet the expenses of the govern ment for stated period, usually one year, and that the tax ought to be so contriyed as to take out of the pockets of the people as little as possible. , !! Cooley, Taxation, p. s."
 Judge Baker says: "TLe act of con- gress quoted in the main opinion, and fixing the limit of county indebtedness at per centum on the valuation of the taxable property within the limits of the county, is beneficial law, in view of the past extravaganza so manifest in our legislative history, and ought to be strictly enforced. It stands in the place and stead of constitution to the people of this territory and is so plainly expressed and worded that there is no room for construction. Our duty is to support it as it is. When the constitu- tional limit has been reached by any county, such county has no further capacity to make contracts out of which additional burdens may arise. The disability extends to all forms of indebtedness, as we'll as to all pur- poses. The county is powerless to contract beyond the limit, and THE LEGISLATURE IS EQUALLY PowERLEss TO IMPOSE ANY PEcUNIARY OBLIGATION UPON THE COUNTY BEYOND IT. They are both alike confronted by the same . disability" Q
 Gila county has never refused to contribute its quota for the mainte. nance of the University and Normal school. The levies for this purpose are made annually and included in the general tax levy for the support of ter ritorial institutions. These taxes are legitimate and there is no desire upon the part of this county to evade them, but our taxpayers do seriously object to being bled in excess of the legal re- quiiements, for the erection of costly buildings which are not essential to the successful carrying on of the work of education in the territory, and the board of supervisors, who are merely the agents of the people, would not be doing their duty, should they ignore the wishes of the taxpayers in this i'm portsnt matter. The remedy is in the courts, Let the territory employ it.
 WHAT THEY HAVE COST THE TER
 KlTORY.
 University ....................S S142. 900 Normal School ............... 123,000 Reform School ol............... f2,194
 Total ................... .S3C7, ,194
 Appropriations made for 1897 and 1898:
 University ................... .$28, ,000 Normal ,.............. .... 16,00O Reform ..................... 14,000
 Total ... ........, S5s, GOO The IInite1 States poyernmen4 Las