Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-07-23

honorable body has no authority either
to appoint a person to be known as
county commissioner of immigration,
or to expend the funds of the county
for the expense of such office.
so far as the statute is concerned it
is impossible to determine whether
the act of the legislature contemplated
the creation of an office with
nected Herewith, or whe;iher it
act describing the duties of such office,
and providing the manner IN which
| the expense OF said office should be
! limited and prescribed or not
While the funds of the county
! treasurer are in certain sense. pub
ic they are only so f@r the limited
! public which has con tributed to them,
j distinguishing the purposes of The
-ounty from the general purposes Ofthe
territory. It not appearing from the
act in question that the services of the
office to be He'd or money authorized
20 be expended in connection there
! with. or for county purposes or in
connection with the administration of
county affairs.
Il am of the opinion that there was
no authority in the legislature to au-
-hOriZe the appointment of said office
3r appropriate any funds for the eX-
oerses of such Office"
The board adopted the report, which
IS in affecta final action upon the pc
E.rion. unless it should be recalled and
modified by Mr. Flanagan. 1t will be
further considered by him. He was
seen by President Adams of the board
Of trade and he said he regretted very
much that the opinion should have
been the result of his investigations.
He realized that it would be unpOp-
ular and realized also that the opera
ton of the law would be beneficial to
the county He promised to take the
matter up again and search farther for
decisions which might overcome !
the objections that had been raised. |
He said that he believed that the law
was assailable on the ground of special !
legislation. That feature of it was not I
included in his report to the super |
visors and was not even pursued by |
him in his Investigations.
Several other attorneys were seen /
Yesterday afternoon. They had all /
given the question more or less care
full study and were generally Of the /
opinion that the legislature had power
to pass the law. One of the foremost /
attorneys CT the bar said, passing over
entirely the question of the expediency /
Of the law, there could not be the
slightest doubt OF its validity. None
Of Mr.. Flannigan's objections, he said
were well grounded. and replying to
the principal one that this law or any
other law failed to prescribe the du-
ties of the commissioner of immigra-
ton or authorize the supervisors to
prescribe them, he said that the
title of the Office was a sufficient de-
scription. The commissioner IS not
expected to dig in the streets, nor is he
invested with the business of a COR
oner. He is to be a commissioner OF
immigration, whose duties are of 50 /
varied character that they could with
difficulty be given a legal description.
There has been some quiet opposi-
ton to the law from unexpected
sources, but it has not been represent
alive 1t is stated that two members
Of the board of trade who took part in
the meetings of the board and
raised no objection, but who accOmpa-
MED the petitioners to the board of SUI
pervisoTs and by their silence ac-
quiesced in the addresses of Mr.. ]. e.
Adams and Major J. W. Evans in pre-
enting the petition, afterward visited !
the supervisors privately and re- ]
The board of trade is by no means
meeting of the di-
rectors was held at the Hotel Adams
and effected an Incorporation. Mr.. j. j.;
c. Adams was elected president. He
opposed the election, saying he be-
lieved that much CT the opposition to
the purpose of the board was the ex-
preston of a personal objection to |
him. The directors, however, insisted
on his election, giving him credit for
having brought the organization to its
present prosperous stage
The other officers are w A. Kimbail
Of Mesa, vice-president; J. W. Doris,
treasurer, and Walter Talbot, secre-
tary. Mr.. Talbot was also recommend
ed for the appointment of immigra-
ton commissioner. The articles were
drawn up by Judge Kibbey, who was
as attorney for the board,
and having been signed by the follow
ing directors, were filed with the
county recorder: ]. W. Evans. G. H
J. w. Doris. J. G. Adams. |
William Dufisld. Wafer Talbot. w. A
kimball of Mesa, James Wool of ,
Tempe, and Henry Jennings of Glen !
lale. !
The directors also visited Attorney ,
General Ainsworth, requesting an !
opinion on the immigration commits !
sion law. He will go over tie subject
With District Attorney Flanagan and
/ conclusion will likely be reached on
Monday.