Arizona republican., 1899-02-21
NO PRISON CONTRACT
State of Arizona improve
 ment Company Be0fen.
The United States Supreme Court Yesterday Reversed inc Decision of inc Territorial Court in the Case Against r1. J. NUgenf.

Word was received by Attorney-Gen- eral Ainsworth yesterday that the su- pTeme court of the United States had reversed the territorial supreme court in the case of the State of Arizona Im- provement company vs. M. J. Nugent to compel the enforcement of the so- called prison contract. The telegram merely announced the decision of the supreme court, so that the extent of it is still a matter of conjecture though the contract is probably invalidated.
 The prison contract was entered into by the administration of Governor L. c. Hughes under an act of the Eighteenth legislature providing for the leasing of inmates of the terri tcrial prison. The lessee was the State of Arizona Improvement company, formed for the construction of a canal and the reclamation of q large body of land near Yuma. Before the company was ready to avail itself of the services Of the prisoners Governor Hughes was succeeded in office by Governor Frank lin, whose administration was un- friendly to the contract.
 A demand having been made by the company upon M J. Nugent, then superintendent of the prison, to turn the prison CTS over under the terms of the con tract and the demand having been re- fused, d mandamus suit was begun against him about two years ago. It
 
 fendant was represented by Col. J. F. Wilson; then attorney-general, who contended in the first place that the action was improperly brought and that Nugent was not the proper per son to sue. The contract was attacked on the ground that it was inequitable and not the product of the good con- sciences of those who had entered into it. It was charged that the best in terests of the territory were not served by it; that it involved a much greater expense in the management of the prison, and that the compensation certain water rights in a projected canal, was inadequate.
 Judge Baker rendered judgment for the plaintiff and the case was taken to the supreme court Of the territory. by which the judgment of the lower court was affirmed. Col Wilson then ap- pealed to the United States supreme ccHrt and the appeal was perfected. MT. Nugent afterward made the statement that though he appeared as the appellant, he had signed none of the papers in the appeal.
 In the meantime Governor McCord succeeded Governor Franklin and the prisoners were turned over to the State of Arizona Improvement com pany, the administration recognizing the validity of the contract. It was not then believed that the territory would resist the mandamus proceed 1ngs further, and though the appeal had been perfected, as has been stated. there We're certain costs unpaid and the appeal was in danger of being dis missed when Governor Murphy came into office and appointed MT. Aims worth attorney-general.
 Governor Murphy withdrew the prfs- Cners then in the service of the State of Arizona Improvement company and instructed Attorney-General Ainsworth to represent the appellant in the United States supreme court. MT. AinsIworth at once established the case in court by paying the costs still due, and prepared vigorous brief in which he dWelt at length upon a matter which had been only touched upon by his predecessor, the impossibility un- der the laws of the territory Of entep- ing into such contract as the one under which the company was de- manding the prisoners. The laws of Arizona dc not contemplate that per sens confined in the territorial prison shall be put at labor and they cannot be sentenced to hard labor. The labor forced upon them by the contract was, therefore, an additional punishment, to which they had not been sentenced. If this view was sustained yesterday the prison contract has been finally of.
 Attorney-General Ainsworth for wa-ded his brief to ex-Congressman L. E. Payson of Illinois, who has been for some years a foremost attC1ney at by whom the territory was represented in the case. The tel | egram informing MT. Ainsworsh of the reversal of the case was sent by MT. i Payson.