The St. Johns herald., 1897-05-29
THE ILLEGAL LEVY.
The Attorney General Threat
 ems Anache COunty.

 Apache and Gi1a counties are the only two counties in Arizona that are endeavoring to elude paying their pro rata of the tax for the normal school, reform school and the Tucson university. The attorney general is determined that these counties shall pay their proportion of this tax, if he has to evoke the law by man. damus The right Of the legislature to levy a tax is unquestioned, and has no bearing on the Harrison act as these counties will ascertain If they persist in their refusal These institutions must be supported, and it is as much the duty of Gila and Apache counties to contribute their proportion IS it is for Maricopa or any other county.-Phoenix Gazette.
 The above article was shown to Dis trict Attorney Ruiz, and in answer thereto he said; "I have never advised the Board of Supervisors to refuse 10 lovy the tax to maintain these public institutions, but 1 have so advised them as to the levy for permanent inn provements."
 MT. Ruiz is, of course, agreed that these educational institutions must be supported. but Act No. A, passed by the late legislature, appropriates the sum of ,000 for building and con- pleting new structures for the normal school. This money was appropriated from the territorial general fund. and it is provided that it be paid back from the proceeds of a tax. which the several board of supervisors are directed to levy for the years 1897 and 1898. This is the levy that IS objectionable.
 Mir. Ruiz is in possession of recent judicial decisions Tn Oklahoma terri tory touching this very point. Judge Tarsney, of that territory, recently held that "Section 4, c. SIS, 14Stat. III. imposes limitation upon the power of municipal corporations to become in- debted ln any manner, or for any pur- pose, in excess of per centum of the taxable property within such corpora tion, and the legislature has no power to impose upon or require city to pay debts and liabilities which are in ex- cess of the maximum limit fixed by the laws of the United States"
 If thls is good law. it would seem that we are under the protection of the Harrison act, as we'll from an excessive obligation created by vote of the legis- lature as we are from excessive indebt- sdness made by our own Board of Su- pervisors. We can not see why we should be prevented from appropliat- Ing our own money for permanent im- provements in thIs county, yet be forced to contribute toward the building of costly and magnificent structure in the county of Maricopa.
 Attorney General Wilson was inter- viewed OH this question by correspon- dent of the Williams News, and in an- swer to the query as to what he pro- posed to do aboutit, said:
 'I propose to have nothing to do with the counties If the levy is not made, shall at once commence suit ill the proper district courts against the supervisors of the defsulting coun- ties and will sue them in the name of the terri tory on their bonds, under the charge of mis- feGsance in office. If they chonse 10 defy plain statute of the legislature, they will be made to suffer personally and financially for their as- sumption. It is all rot to say that this tax levy increases the +ebt of the territory or of any county The legislature has fullest power to make such a special tax; it adds to no indebted ness, and must be paid.'
 Another account, published in the Phoenix Herald, says Attorney General Wilson IS now on his way to pay visit to this county for the particular pur- pose Of rounding up the Board of Su. pervisors and district attorney for ques- tioning the legality of this levy.
 As the final action of the board in thIs matter will not be made before next August. the attorney general should not get excited so early. Be- sides several other things might hap pen between now and then which would have the effect of entirely re- Iieving hIs mind from all worry and responsibility in the matter.