Arizona republican., 1898-01-05
THE kcD0UGALL GAGE GO. Mems FurniSherS Only.
 IN ext to Nai'ev hank.

 Arizona, in accordance with and in reference to said petition, did as it's session memorialiZe congress, which memorial is found in the acts of 1895, at page 14S.
 In response to said memorial by said legislature, the congress of the United States passed an act approved June 9th, 1896, which is found in the United States statutes at large, vo'- ume' 29, on page 262, passed an act, which, in terms as plain as the Eng fish language can make it, and which when taken and read and cons: dered in the light of the facts as above de- tailed, clearly means that, within the limits of it's power, it being sovereign in the sphere of legislation for the whole country, and having unques- toned right to legislate directly for the territories, it entended to say: Q) That the act of the territorial legislature under which these bonds were issued, if before invalid, as made absolutely valid and effective and as re-enacted; and
 CD That all bonds issued pursu- ant thereto, though voidable or ab- solutely void, were made unquestion- ably valid, it using this clear and un- eQuivocal language:
 And all bonds and other evidences of indebtedness heretofore is- led un- der the authority of the legislature of said territory, as hereinbefore au- thorized to be funded, are hereby COL firmed, approved and validated and may be funded as in this aci pro- vided.''
 Apply the principles of statutory construction laid down by Blackstona and which we all understand-to- wit:
 Consider the evil as it exists and the remedy to be applied.
 Read the act of congress of June 6, 1896, and from it's language it is per fectly plain that the congressional intent was to validate and put beyond question the bonds mentioned in plaintiffs complaint and the for thousand already funded.
 The first section of that act extend ing and amending the provisions of all other funding acts of congress heretofore passed, authorizes the funding of all outstanding obligations of said territory and counties, and all outstanding bonds of said terri tory and counties heretofore author
 
 territory, bearing a higher rate of interest than 5 per cent, which said bonds and other evidences of indebt- edness have been sold or exchanged in good faith in compliance with the terms of the act of the legislature by which they were authorized.
 The bonds mentioned in plaintiffs complaint were issued pursuant to act of the legislature and bear a higher rate of interest and were in ex- istence and unfunded, though demand was made before 1897; and in o5nsid- eration of increased assessed valua- tion and of interest to be pad by the taxpayer, were sold and paid to it in good faith, in compliance with the terms of the act of their creation; since. then were sold and exchanged in good faith in the markets of the world, and when asked to be funded, 203 of them were in the hands of an innocent purchaser for value, and the closing part of section 2 of said act provides:
 That all bonds and other evidences of indebtedness heretofore issued un- der the authority of the legislature of said territory as hereinbefore au- thorized tlo be funded, are hereby con- f1rmed, approved and validated
 "The plaintiff comes into this court of equity and is not pretending that it has been deceived or defrauded; it is not claiming that the requirements of the legislature authorizing the is suance of bonds have not all been carried out in good faith; there is no pretense but that increased e as construction, comJ eeI5n and opera tion of t1-S 14if>oad, tgether with large amount of taxes received direct ly and indirectly as the result there of, is a good consideration for the payment and the delivery of the bonds to the railroad company. It is not even pleading the statute of limita- lions. but we submit respectfully that it is in a more unenviaible attitude than that-and, with unclean hands. Is seeking to avail itself of a defense in the eXtremest sense technical, with out morality or merit, in order to avoid it's just obligations; and it oc- CUTS to us that if there was in the judicial mind even a great doubt as to the validity of these bonds-that public policy and every other consid- eratiOn which influence men in their determination and action, should cen strain the court to solve the doub. favorably to the obligations and their validity and thus save the credit of the territory from being wrecked. and thus answer the solemn prayer of the taxpayers of the county-"that it's integrity shall be sustained invio- late''
 Let it not be mooted abroad that a community representing nearly one fourth of Arizona has been sustained by court in the repudiation of her just obligations but let it be flashed to | the great cities of this republic-to | the money centers and across the i ocean that people holding obligations i of Arizona are safe in the hands of 1 Arizona's courts.
 To Cure Constipation Forever.
 Take CascarSts Candy Cathartic 10c or 2Sc IT c. C. Dn12L to cure. druggists refund money.