Arizona republican., 1898-10-29
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These bonds are alleged to bear date January 15h 1s96 and have been signed by B. j. [ankn as Governor C. M Bruce ao counersgned by P J. Cole, who then and ther duly qualified and acting treasurer upon exe cution bon they by said loan de cred the said territorial treasurer and that since they have remained in the possession of said territorial treasurer and his office, disposition provided by said funding Act That since the execution of said bonds and their delivery the territorial treasurer the said composing the board loan commissioners at the date delivery have been succeeded in office by the appeee H AcCor auditor who counergned the said bonds has been succeeded in office by appellee C. " Jo stone who the duly qualified and acting territorial treas The complaint alleges that the present board of loan and the territorial have arranged for the disposition the said bonds signed by the former loan and countergned by the former territorial and propose to use the thereof tor funding anu
 The injunction asked for three grounds stated in the complaint:
 FitThe board of loan commissioners and the territorial have January S9 by congressional mcni ceased to have power or authority to negotiate sell or dispose of bonds for funding purposes.
 SecondTha if the loan commissioners and treasurer authority this time fund the outstanding territorial ebtetes and for that purpose to dispose o territorial bon the bonds question invalid and the officers of the territory have authority to dispose of the because they not
 the present territorial treasurer but by their predecessors in office
 lh,r-That the said bonds invalid, because not in the form prescribed by law
 We will consider these in their order
 In support of the first of these grounds eontenied for M appellant reliance had upon the provisions of the Act of gress approved June 9th, 1896, which reads follows
 An Act amending and extending the provisions of Aet of congress entitled An Act approving with amendments the Funding Act of Arizona, approved June s5t 1890 and the ic aeatoy thereof and supplementary thereto approved August 5ri, 1891.
 Be it enacted by the and House Representatives of he United States of America in Congress assembled That the of the Act of Congress approved June 5 1S90 anu August r, ls9t authorizing the funding o certain Indebtedness of the territory of Arizona are hereby amended and extended as to authorize le funding all outstanding obaons of sa territory and the counties, municipalities and sehd thereof, provided in the Act of Congress approved 1e9o until January 1st, 1884, and all outstanding De- and other evidences of indebtedness of the territory of authorized by legislative terri tory bearing higher rate of interest than is authorized by the aforesaid Funding Act approved June 2t 1890 and which said bonds and other evidences of indebtedness have been sold exchanged in good faith n compliance with the terms of
 c Act of the legislature y which they authorized shall be funded wih the thereon which has accrued and may aecrne unl funded into the lower bearing bonds pro videl iii this Act
 Section That all bonds and other evidences of ndebte ness heretofore funded by the len commissioners of Arizona 1S9o and the Act amendaoy thereof and supplementary there approved August 3 1884, hereby declared be valid all and other of indebtedness under the authority of the legislature of said territory en before authorized to be funded hereby confirmed approved and validated and be funded this Act provided until January lt 1s9s provided that nothing in this Act shall be construed to make the of the United States liable responsible for the payment ofany of said bond warrants other evidences of indebtedness by this Act approved confirmed and made valid, and authorized to be funded T Approved June 9th, lS96-
 Stress put upon the clause until January first eighteen hundred and nineycyen found in section of the Act bearing out the view that the purpose and intent of ard require the completion of the work funding by the sale and disposition of bonds and the liquidation of the indebtedness allowed by this and prior Acts be funded January Even literal meaning words used in construng remedial statutes of this knd the and
 
 fled regard be had to the whole of the satue the of the act expressed in its title In the latter, 1t clearly sa- Ito be amendment previous the enlargement of their provisions Again. analysis of the body of the Act bears out the view that instead of inc being limit restrict the exercise of powers rights prreges previously granted the legislative will add enlarge these.
 The first section contains general provisions; author izng the amendment and of the congressional ap proved respectively June s5th 1sao, and August 5rd 1ssi include their provisions IL outstanding obligations of the The other directing the funding all outstand bonds warrants and other evidences of Indebtedness the territory well of the counties municipalities and school dis trle;s thereof which had hcn authorized y legislative enaei ments, and which bore higher rate of interest than authorized shy tie funding law and which had been sold exchanged good faith.
 The section likewise classes Of