Arizona republican., 1898-01-09
ritory, and other municipal bodies

therein.
 Tt may not be necessary for the court to pass upon the question: Whether the act of March 12, 1885, wa in contravention of the act of con- gress-para graph 1889, revised statutes 1878.
 (Section 1S99) "The legislative a5- semblies of the several territories shall not grant private charters or special privileges. but they may. by general incorporation acts, permit per sons to associate themselves together as bodies corporate for mining, manu- fs fscturing and other Industrial pur- suits, and for conducting the business of Insurance, banks of discount and deposit Out not of issue) lean trust and guarantee associations and for the construction or operation of ra:lroa5s wagon roads, irrigating ditches, and the colonization Of lands in conuec- tio1 herewith, or for colleges, semi naries, churches, libraries or any ether benevolent, charitable or scientific association.
 Be it enacted, etc., that he words, the legislative assemblies of the several territories shall not grant private charters or special privileges, in section 1889 of the revised statutes of the United States, shall not be con- ho s-Jo assemblies of the several territories of the United States from creating towns, cities or other municipal cor porations and providing for the gov ernment of the same, and conferring upon them the corporate powers and privileges necessary to their local ad- ministration. by either general or special acts:
 "'And that all general and special acts of such legislative assemblies heretofore passed creating and provid- ing for the government of towns, cities and other municipal corporations, and comforting such rights, powers and privileges upon the same, as were necessary to their local administra ton, be, and the same are hereby rati- fled and confirmed and declared to be valid, any law to the contrary not withstanding, subject, however, to amendment or repeal hereafter by such territorial assemblies.
 "fBut nothing herein shall have the effect to create any private right, ex- cept that of holding and executing municipal offices, or to divest any such right, or to make valid or invalid any contract or obligation heretofore mads by or on behalf of any such town. city or ether municipal corporation, or to authorize any such corporation to in cur hereafter any debt or obligation other than such as shall be necessary to the administration oe it's internal affairs (Took effect June 8, 1887)
 ''The funding act of the territory of Arizona was passed by the territorial legislative assembly in 1887, which provided generally for the funding of territorial, county and municipal in- deDtedness throughout the territory, by issuing territorial bonds in ex- change for bonds and other indebted ness then Outstanding. For some reason or other, it was found to be impracticable and intellectual without congressional sanction, and congress, was substantially the law enacted by the territorial legislative assembly with some amendments thereto, pre- serving, however, the law in its sub stantial parts as enacted by the terri torial legislative assembly in 1887.
 Here follows review of the legisla- tive history of the territory fer tan years preceding the enactment of the fun'ding act by the legislature of the territory in 1887 as to the aid wh ch the territory was endeayoring to ex- tend to wagon roads and railroads
 Since the passage of the funding acs of 1887, the court knows of nc legis- lative authority for the issu.n of bonds for the construction of roads, eiiher wagon or railroad. All legis- lative enactments after that time dc- signed to aid in the construction of wagon roads or railroads pursued the policy of exempting property of such railroads both real and personal, from taxation for a certain number of years, from ten to twenty years-of which our legislative history shows many.
 ''To what extent bonds were is -uod under the particular enactments the court is not informed, nor is it e-sen- tial for the court to know, for the pur- poses for which it uses that history, for it does not use the history to show that those acts by reason of their number or nature make the act of March 12, 1885, under which the Yavs- apai county bonds were issued to the Prescott & Arizona Central railroad constitutional but to show the spirit