Graham guardian., 1900-02-02

he foregoing statements. In con.
versation he stated he did not
Ihiak his motion would be sustain
ed. He wrote the same to his /
client, Dysart, believing the case
would be heard on the entire rec
ord, as the legal custodian, after
the long delay had finally sent up
the papers with no explanation for
the delay. The district attorney
had prepared and filed in ample
time an abstract of the case and an
excellent brief, with an extensive
array of authorities.
Upon these facts, everyone will
ask, why were not the papers sent
up to the supreme court by the
Tucson clerk, months ago as "Dl-
RECTED BY LAW" and as re-
quested by Mr.. Jones? Who but
George Kelly and his relative,
Frank Dysart could be benefited
by withholding those papers?
Since the passage of the back.
salary law George Kelly advocat-
ed the justness of the act, accord.
ing to his notion. He has opposed
Mr.. Jones throughout, in the case.
He, at the same time opposed any
one else representing the county
in opposition to the claims of his
friend Dysart and others. His
plain desire has been TO see Frank
Dysart get the money, and the
county lose the case. All re-
member how he opposed Mr.. Jones'
efforts in behalf of the Classifca-
tion law, which reduced the coun-
ty salaries over S4,500.00 each
year, and will be saving of many
thousands of dollars each year for
all time to come. After Mr.. Jones'
victory came the haok.salary act.
In the back-salary case, Judge
Doan, being interested as a bene-
ficiary, refused to sit in the case.
This was worthy and commendable.
By a provision of law, governing
our judges, Judge Davis was re,
quired to sit IN the case appealed
from his own court. This was
most unfortunate but it was re.
quirement of the law for which
Judge Davis was not responsible.
1t is the grlevous fault of our judi.
cial system and is one of the
strongest arguments for statehood
As two out of three of the judges
who passed upon the case had ren.
dered judgments long ago, uphold.
ing the back'salary act, it was we'll
known that the county could not
win the case IN the Territorial su-
preme court, and the Board of
Supervisors, months and months
ago, decided that the case should
go to the U. S. Supreme Court.
1t will go there by writ of error
from that court,if an appeal is de-
MED by our Territorial supreme
court.
Every other county, we are in.
formed has long ago paid the sal.
aries under the act. Graham coun-
ty has stood the claimants off for
three years, and it's taxable prop
erty in the meantime has increas.
ed half a million of dollars. 1t
has paid the honest claims of Its
taxpayers, rather than these claims
in which Kelley is so much in.
terested. fla time should ever
come when it would have to pay
Mr.. DysarPs claim, and gladen
Kelly's heart, the increase of its
taxable property will make it easi.
er to pay 1T then, than to have
paid single farthing at the time
Lawyer Kelly" first began advis.
ing in the matter.
Ii will be remembered that Mr..
Jones knocked out Kelly's I'm.
Commission claim for
over three years, and Kelly never
did get it until Jones went in the
army. Who ever heard of Kelly
advocating the honest claim of
some poor devil to whom o paltry
amount was justly due from the
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