Arizona republican., 1898-10-29


 the paid by Coeonno county on account of this The following the decision of the Supreme Court o the Territory ill that
 IN THE SUPREME COURT OF THE TERRITORY OF
 ARIZONA coono Goan appellant aaSapai s5y s5aat5, sPpslsf
 E $ Clark District Attorney County, and Ed ward II. Doe Esq, attorneys for appellant
 H. D. Ross. District Attorney for 1.vapa County, al VI O. Sullivan assistant district attorney attorneys tor app
 Opinion by Street. c. d.:
 Ike Thirteenth Legislative Assembly of Arigona> >oh day March, passed Act to aid n the construction railroad in Yayapa county which suhozed the issuance of bonds the faith and credit of Yvapai county to the amount iooo Chino Station on the Atlantic Pacific raoad Pescott and northern boundary of Aarcopa county Soon thereafter point Chino Station, called segman the city of Prescott ali in Yavapa countv Arizona and the bonds of 1avaa county issued to the company constructing sad railroad to the num- Der 152 and in the denomination of 5000 eacn
 that time the territory embraced Tn Coconno county was part of 1avapai county
 The Sixteenth Legislative Assembly of Arizona the 18th February the of Coconno out of certain territory then belonging Yavapa county By the Act creating the county Coconno provided that onerd of the ln dctelne Yavapai county less S25000 he being third of the estimated valuation of the public Improvements in aid county Yayapa the of the passage of the Act paid by the county of Coconno to the county YaYapai: and that the of Coonno shall to the county of Yayapai negotiable coupon covering all indebted bearing the of per per and that said should be delivered the of Yavapai county and Yaynsi county was authorized to take own and hold said through its beard of dispose of and transfer the same to the benefit of said Yavapai county.
 compliance with said Act the boards of of the
 respective the city of Prescott and acertaine the of indebtedness of Yayapa county existed on the 18th , f te,arv 1891 the date of the passage of said Act to tie and that the proportion of said indebted belonging Coconino to be the of sl5s955o Thereafter the 2d day of une 1s9 the said board of super Coconno made executed and delivered to 1av- pal county negotiable bonds dated May lst S9l bearing the of per anium interest payable ann second day of January of each Each of said bonds except numbered 53 for the principal sum sO0o bond numbered 15s for the principal sum of S9s5.59.
 It is alleged plaintiff that the 18th day of February lS91 the of s294 49 which included in the total indebtedness of Yava county for and on account cf the bonds which had been Issued and delivered 10 the Prescott Central railroad under and y virtue of the Act the Thirteenth Legislative Assembly aoresad that the said Act Thirteenth Legislative Assembly void and that o s5932 is the proportion which Coconino county brought M Coccnino county to recover sad sum of thercon which Coconno county had paid 1ayapa county from the date of said bonds to the 18th day of January, 1895
 To this complaint the defendant Yavapai county, filed which the district attorney of 1avapai county sustained and rendered dment thereon in favor o the defendant from which judgment the plaintiff appeals to this court
 The questions raised by the plaintiff in his brief First Whether bonds given by Yavapa county in aid of the Arizona Central railroad company void when issued; Second Whether if void, the Act of Congress entitled An Act amending and extending the provisions oi Congress entitled An Act approving with amendments the funding of Arizona a proved June 25 s90 the amenatory and supplemental thereof approved August > 1S94 approved June c. lS96 tapIlicahc to said bonds
 Whether the Act of March 1s 1885, of the Thirteenth Legislative Assembly authorizing 1ayapa county issue bonds for of said railroad within the power of t legislature whether the bonds issued pursuance valid this court does not feel called the view take of the matter E that the validity be determined by theAct of Congress approved section of which follows: 'Ta all bond other evidences of indebtedness heretofore funded by the oa1 commission of Arona under the provisions of the Act of Con approved June & 1S90 and the Act amendaor thereof supplemental thereto approved August B 1884, hereby de be valid and legal for the purposes for which they ssacd and fune and all bonds and other evidences of inhabited heretofore issued under the authority of the legislature said territory herenbcore authorized to be funded here confirmed approved and validated; and be funded in Act provided unii January first S9 provided that nothing