The Florence tribune., 1898-04-30
MAJOR JORDAN WINS.
Tho Law Creating County Immigration
 Commissioners Sustained.
From the Phoenix Republioan.l

From the Phoenix Republican,
 Judge Sloan yesterday sustained tht territorial law creating the office ot county immigration commissioners by finding for the plaintiff in the case oi Jordan vs. the Board of Supervisors of Maricopa county. Every principle of the plaintiff was upheld, but one contention was denied reducing the amount sued for by from $40C to $500.
 The amount of the plaintiffs claim was $l 200, involving two years ser vices at $50 month. Major Jordan was appointed commissioner two months before tho beginning of the salary for which he brought suit. At the end of each of those two months he presented his ela.m to the board of supervisors and it was disallowed. He brought nit before 8 justice of the peace and obtained judgment. The case was app pealed to the district court and Judge Baker found for the defendant. The commissioners 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 commis- sioner for so much of the salary as had not been sued for. In the meantime the commissioner withdrew the vari- ous claims which he had presented and presented them again in the ag- gregate. The case was tried before Judge Sloan several months ago, as Judge Street was disqualified.
 There were three theories of the de- fense. The first was that the law was unconstitutional. The second was that the matter was res adjudicata, having already been passed upon in district court, and the third was that the plain tiff had lost his rights under section 40s of the statutes regarding the pre- sentation of claims to the board of su- pervisofs. The law required that all claims other than witnesses and ju- rors' fees and claims for salaries must be submitted within six months. The above mentioned claims may be sub mitted any time within three years.
 Judge Sloan in the first place af- frmed the right of the legislature to create the office of immigration com missioner, his salery to be paid by the county to which he is appointed As to the second contention by the defense the matter had already been adjudi- cated, Judge Sloan held that Judge Bakers esion could 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.
 But Judge Sloan decided that the plaintiff had forfeited a part of his claim under section 415, which re. quires that when claim of any char. acter has been presented and rejected suit must be begun within six months or it cannot be maintained. Suit ir this case had not been commenced within six months after a considerable part of this claim had been rejected The judge said he believed, but was not sure, that about half of it haG lapsed. Just how much of it will be lost in this way can be determined by reference to the dates of proceeding: in the supervisors office rejecting tho claims.
 Attorney-General Frazier said he did not believe that more than $400 would be so lost.
 The board of supervisors was not in session yesterday, so that there wa no indication as to whether or not al appeal would be taken from Judg, sloan's decision. Tue decision wa delivered orally Judge Sloan vii probably present 8 written opiniol within +ha ravt eixtv dsvs