The Winslow mail., 1898-04-23
HE IMMIGRATION COMMISSIONERS.
The Law is Sustained by Judge Sloan in
Test Case in Maricopa County.

The Law is Sustained by Judge Sloan in a
Test Case in Maricopa County.
Judge Sloan On Saturday last sus-
tanned the territ torial law creating the
office OF county Immigration commits
sioners by finding for the plaintiff in
pervisors of MaricOpa county. Every
principle of the plaintiff was upheld,
bat one contention was denied reduo-
ing the amount sued for BY from 500
to 5000.
The amount of the plaintiffs claim
was $500, involving two years services
at $50 month. Major Jordan was ap-
pointed commissioner two months be !.
fore the beginning Of the salary for
which he brought suit At the end of
each of these two months he presented
his claim to the Board of Supervise s
and it was disalIowed. He brought suit
before a justice of the peace and OBJ
tanned Judgment The case was ap-
pealed to the district court and Judge
Baker found for the defendant The
commissioner claims were afterward
presented on two occasions and were
disallowed. No further legal action
was taken until last summer, when
Judge Street and Attorney General
Frazier brought suit for the commits
sioner for so much Of the salary as had
not been sued for. In the meantime the
commissioner withdrew the various
claims which he had presented and pre-
sented them again in the aggregate.
The case was tried before Judge Sloan
several months ago, as Judge Street
was disqualified.
There were three theories Of the de-
fense. The 6rst was that tee law was
unconstitutional The second was the
matter was res adjudicata, having al
ready been passed upon in district
court, and the third was that the plain
tiff had lost his rights under section 408
of the statutes regarding the presenta-
ton of claims to the Board Of Super
visors. The law required that all claims
other than witnesses and jurors fees
and claims for salaries must be sub
mitted within six months. The above
mentioned claims may be submitted
any time within three years.
Judge Sloan in the first place affirm
ed the right of the legislature to create
the Office Of immigration commission
er, his salary to be paid by the county
to which he is appointed AS to the
second contention by the defense that
the matter had already been adjudi-
Gated. Judge Sloan held that Judge
Bakers decision coCla only affect the
matter before him and that no part of
the salary involved in the former suit
had entered into the latter Regarding
the theory that the plaintiff had lost
his rights by neglecting to present his
claim within six months, the court de-
cided that the matter did not come un-
der that statute.
Bat Judge Sloan decided that the
plaintiff had forfeited part Of his
claim under section 415, which requires
that when a claim of any character has
been presented and rejected suit must
be begun within six months or it can
not be maintained. Suit in this case
had not been commenced within six
months after a considerable part Of this
claim had been rejected. The Judge
said he believed, bat was not sure, that
about half of it had lapsed Just how
much of it will be lost in this way can
be determined by reference to the dates
of proceedings in the supervisors Of
flee rejeeting the claims. Attorney
General Frazier said he did not believe
more than $400 would be so lost. The
Board Of Supervisors vas not in ses-
sion yesterday, so that there was no in
dication as to whether or not an appeal
would be taken from Judge Sloan's de-
cision. The decision was delivered
orally. Judge Sloan Fin probably pre-
sent a written opinion within the next
sixty days.-Pbeniz Republican.