Arizona republican., 1901-03-18
Act ll2. vetoed by the governor.

Act ll2, vetoed by the governor meets with the disapproval of the fair
 minded legislators for AN UNFAIR the reason particularly MEASURE. that 1t picks out sin
 gle territorial officer upon whom to operate. Had the legis- lature passed bill similar to the "Riley Bill" which provides that cit izens can bring suit against any coun- ty officer. etc. (and that was the dsm- ocratic caucus measure). it is believed that no objection would nave been in- terposed by any one. but this bill is specious and Is directed at the terri toral auditor alone. Why not the treasurer. who is responsible upon his bond for all Illegal warrants paid by him or the citizen member of the board of control. who disburses several thousand dollars mon hly? Why should not all territorial officers be include62
 And why should the altorney-gen- eral be empowered to dismiss suits if he cannot be trusted to hrlng them The animus of the bill Is too transpar- ent to deceive anybody and 1t deserves the condemnation of every honorable citizen. The following Is a copy of the bill:
 An Act to Provide for the Recovery of
 Money Illegally Paid by the Terri
 torial Officers.
 Section 1. Whenever the TERRI ToRIAL AUDITOR shall. without au- thority of law. issue any warrant upon the territorial treasurer for salaries, fees. or for any other purpose, such auditor and the party or parties In whose favor such warrant shall have been drawn shall be responsible for rant. to be recovered as hereinafter provided.
 Sec. g. The sureties of the official bond of the territorial auditor shall be liable for three times the amount of all such warrants.
 Sec. 3. The attorney general of the territory of Arizona is hereby enpow- cred, and 1t Is hereby made his duty. to institute suit in the name of the territory against said territorial au- ditor and the sureties upon his official bond and the persons to whom any warrant shall have been issued with out authority of law, to recover three times the amount of such warrant, to- gether with interests and costs; and if upon the trial of any such action 1t shall appear that such warrant was Issued without authority of law, the court shall give judgment in favor of the territory.
 Sec. {. NO TERRITORIAL or TIGER OTHER THAN THE AT ToRNEY- GENERAL SHALL HAVE MISE. OR IN ANY WAY CONTROL ANY SUIT INSTITUTED UNDER THE PROVISIONS OF THIS ACT. AND NO BOND SHALL BE RE- CURED OF THE TERRITORY UPON ATTACHMENT, GARNISH- MENT. OR OTHERWISE.
 Sec. 5. If the attorney-general shall  any taxpayer of the territory in writ. ing, falf to institute such suit. then any taxpayer of the territory may in- stitute such suit in his or her own name and at his or her own cost, with the same effect as if such suit had been brought by the attorneygeneral: provided. that the persons instituting such suit or action shall execute bond with two or more good and sufficient sureties. made payable to the defend- ant or defendants In such suit or ac- ton, conditioned that if the plaintiff or plaintiffs in such action shall fail to prosecute such action with diligence. that the plaintiff or plaintiffs will pay all damages sustained by the defend- ant or defendants by reason of such action, and all costs incurred therein.
 Sec. 6. If such taxpayer shall pre- vail in such suit the court snail allow the taxpayer all costs and reasonable attorneys fee. not to exceed forty per cent of the amount recovered, and the remainder of the amount recovered shall be paid into the territorial treas- ury.
 Sec. :. If the territorial auditor or his bondsmen or any person or per sons are now responsible at law to the territory by reason of the issuance by the auditor of any warrant CT warrants not authorized by law. and the attor- ney- general has not brought suit thereupon and more than thirty days have elapsed since the issuance of such illegal warrant or warrants, than any
 Persons sub