The Arizona sentinel., 1897-05-15
THE REINSTATEMENT ACT.
District Attorney Wright's Opinion
 On Same.

To the Honorable Board of Super visors, Yuma County, Arizona:
 The Nineteenth Legislative As sembly of the Territory of Arizona, passed an Act providing for the pay ment of back salaries to certain County Officials who held office between the 1st of January, 1895, and the 31st of December, 1896. As the Act creates large debt due by Yuma County to such officials, it becomes of paramount importance to our already overburden- ed tax payers to ascertain definitely whether this action of the Legislature creates a valid and binding obligation upon Yuma County, or whether the Act is beyond the scope of Legislative authority and consequently void and of no effect.
 In declaring himself candidate for office, one does so with the express understanding that the salary pertain ing to such office is subject to increase or reduction at the will of the Legis- lature. After his election, if his salary is reduced, he may resign and permit his place to be filled by another, or be may continue in such office and receive such reduced salary in full compensation for all services. Having elected to do the latter it is not just or equitable that he should expect or demand compensation in excess of the amount agreed upon. From this it is evident that there is no moral obligation upon Yuma County to pay these back salaries. This being SO, they should not be audited unless it is mandatory upon the County to pay them. Is it therefore, mandatory upon the County to pay them?
 The fourth subdivision of Section 1889 of the Organic Law of Arizona, known as the Harrison Act provides:
 "That no political or municipal corporation, county, or other sub- division in any of the Territories of the United States shall ever become indebted in any manner or for any purpose to any amount in the ag- gregate, including existing indebted ness, exceeding four per centum of the value of the taxable property, within such corporation, county or subdivi- sion, to be ascertained by the last assessment for Territorial and County taxes previous to the mourning of such indebtedness; and all bonds or obligations in excess Of such amount given by such corporation shall be void.
 It thus becomes important to determine the amount of indebted ness of Yuma County and the amount of taxable property therein according | to the last assessment, for if such indebtedness exceeds four per centum of the value of the taxable property in said County, then the Act of the Nineteeath Legislative Assembly above referred to is void, and the debt creat- ed thereby unenforceable.
 The existing outstanding indebted ness of Yuma County, at the present time is One Hundred and Fifty Three 1housa1ad Tapo Hundred and Ninety Dollars.
 The value of the taxable property in Yuma County, according to the last assessment for Territorial and County taxes, is the sum of Nine Hundred and Ten IIhOu8arad SiS Hundred and Twenty Eight Dollars and Eighty cents.
 That IS to say, already our indebted ness exceeds the amount allowed by law by almost thirteen per centum.
 The Act passed by the legislature as aforesaid, is therefore in my opinion void, and the amounts due such of fcers under said Act should not be audited or allowed.
 JOHN B. WRIGHT. District Attorney, Yuma County, A. T.