The Arizona sentinel., 1897-04-24
THE SALARY GRAB.
An Opinion by the District Attorney filed with the BOard-.A prOpOSi. tion Made by Ex-TreaSurer
 GySart also.

To the Honorable Board of Super
 visors, Graham County, Arizona.
 GENTLEMEN:-Anticipating that your Honorable body will be called upon to consider the so-called Salary Reinstatement Law" being House Bill No. 59, of the 18th, Legislature, I would most respect fully invite your attention to my view of the matter. briefly stated!
 From such examination as l have been able to give the subject up to the present time, I feel it my duty to advise you to treat the law as wholly invalid and decline to allow any claim presented in rec ognition of it. The fact that the recognition of the act as valid would impose a further indebted ness upon our county of over $8000. %, affords sufficient reason for refusing to recognize the act at all, unless compelled to do so by the mandate of the highest court.
 Yoar attention doubtless has been called to the opinions of cer- tain legal gentlemen given at some length in support of the act and declaring it to be valid. While l entertain the highest respect for those gentlemen as worthy and learned members of the bar, 1 can not concur with them i'll the con clusions which they have reached Their erroneous conclusions arise from the fact that, in this case, no obligation whatever, either moral or equitable existed to sustain the act, and upon which their argu- ment is founded and authorities cited. The decisions referred to by each of them were rendered in States and in cases where the powers of the legislature as to county government and indebtedness were not restricted as is the Legislature of Arizona by our Organic Law.
 l urge that Graham county has 'ong since passed the four percent limit of indebtedness fixed by the Harrison Act" and the same may be said perhaps of various other counties of the Territory. Since tbe legal gentlemen referred to have discovered in their opinion a moral obligation" it is reasonable to suppose that the legislative members so regarded the condition of matters; but it is difficult for me to recognize even any moral cb- ligation," as existing Tn this case. The factis, the prior officials, sougth to be benefited by the act, have been compensated in full and have retired from service. Courts have repeatedly decided that a public office is not held under 8 ''con- tract"
 All persons in office at the pas sage ofthe Classification Law could have resigned at once without lel or hindrance. In holding on tc their jobs," they are in the same position as person appointed tc fiil out the term of office had any one of those officials resigned. The equities and moral obligations would be the same.
 In these observations, 1 would not be understood as offering any criticism upon legislative action but desire merely to apply the facts to the law with which we have tC deal. I do not deem it necessary to present to you all the objections existing against this act. IL is no my purpose to submit any ''brief' to your Honorable body upon thi matter, as l am prepared to presen that in due time to the courts whert it should properly be submitted While do not feel that any mem Der of your body is desirous o paying these ''moral obligations,
 I regard It my duty to advise you against payment, and to announc to you my purpose to resist sucl payment by the process of tn courts.
 Most Respectfully Yours, WILEY E. JONES. District Attorney Graham Couu ty, Arizona.