Arizona republican., 1897-12-29
THE YAVAIPAI BONDS.
The Hearing of the Ir5unction Suit Be
 gun Last Night.

! gun LdSC NEIL.
 ] The hearing of the injunction i brought by Yavapai county against l the territorial loan commission was be- l gun before Judge Street last night. J The object of the suit filed early last i Ccsober was to procure an order re- 1 straining the commission from fund
 ing caNStain bonds issued by Yavapai
 county lin 1886 to aid in the construc- i tion of tbe Prescott & Arizona Cen tral railroe3d. The bonds, 292 in mum Der, s1,oo9 each, were issued under
 legislsfive act, approved March 12, 1885. 1.-The holders of the bonds we e Kitcheh & Go. of New York and 2O3 of uheI{n have been funded Twenty two a.f known to be outstanding, but
 there Wkas nothing brought out in the evidenNe descriptive of the rest of the issue. The bonds in the hands of kitche & Co. were funded on Septem- Der 27 before the filing Of the suit and bdlpre the receipt of a telegraphic protest lsigned by H. D. Ross, district liattorn of Yavapai county. In No- Vembe1 of falst year the board of su- pervisop Is made a formal demand upon the lo%A commission for the fund nlg of tha bonds, but this action of the board Eas afterward rescinded.
 Whfn| the case came up last night Attorriey-General Frazier appeared for khe loah commission and on his mo- ton N4ssrs. T. W. Johnston of Pres colt and L. H. Chalmers. who had been the G@Rresentatives of Kitchen & Co.,, were imlade of the counsel for the de fenset 1 District Attorney Ross and MessHsl T. G. Norris and John c. Hern- don 9f Prescott appeared for Yavapa5 eoundyl
 ! Tn proceedings were opened by the
 Feadl of the complaint and answer as an nded and certain facts stated in the pleadings as to the issue of the bonds act of the legislature under which hey were issued and the reco4d books of the loan commission wer: admit by stipulation
 Mos pf the evidence was document ary. he record of the board of su- pervis s of Yavapai county was a stran0 exhibit of backing and filling in thu natter of the funding. Among the p CTS introduced was one of the bonds No. 203, offered by Mr. John ston, ho explained that it was the prope of the territorial treasurer
 and 1 been loaned to the attorney
 genef that it might be presented in court nd it's contents made a. part of the 1T brd.
 Thf wing witnesses were Assistant
 Unit States Attorney Alfred Frank
 lin, rmerly secretary of the loan
 conn Sioner; Territorial Auditor D.,
 Geor w. Vickers. and Secretary
 Chan H. .Akers. Mr. Akers tessi-
 fled t the funding bonds had been
 dellV I'd to the represer tatives of
 Kite & Co. on the above mentioned
 date h4On cross examination Mir. Ak
 CTS k asked if all the members of
 the Ehmission were present at the
 meet at which it was decided t.
 fund he bonds. He replied thai, a.
 the Prd showed, Territorial Auditor
 Lett was absent. He said in reply
 to hestion by Mir. Johnston tha ]
 the ject of funding the bonds cut
 stan had never been considered b.
 the I'd and had, in fact, never beeD
 pres ed for consideration. Mr.
 Her n inquired if the board was no
 reat to fund them If demand were
 mad MT. Akers replied that he
 couI hot speak for the board. The
 obje of the question was to furnish
 fo latiOn for one of the allegations
 of complaint that the board was
 ''th1 ening" to fund certain P. & A.
 .. Vds. At 9 o'clock the evideEcl
 hay been introduced the case was
 con ed until 80 this afternoon,
 Whe the arguments will be heard
 The intention of the defense is that
 ii njunction prayed for should be
 gra it would affect only the out
 sta bonds and could have no
 retl i've effect upon the 203 bonds
 alre funded. It is said that the pla f's counsel will advance a
 stal theory intended to demolish
 the h commission, Or rather it will be med that the commission has alrt been demolished by the act of con| s of June, 1896, which, though
 it iened the provisions of the fun Y act, limited its operation to
 Jan = 1, 1897, since which time the hs been no funding act and con- seq ly there could be no loan com- mis This construction has never
 bee laced upon the law before and has yer been entertained so far as is xn by any lawyers outside thH ca for the petiti4 r.