The Tucson citizen., 1902-01-28

depOsitiOns of other witnesses ana
shall have the same process 70 obtain
his or their testimony as in the case
OF any other witness
Sections 25OS and 2517, to which sec.
1928 quoted refers. provide as follows:
"250S.-Either party also may have
the deposition OF any witness VINO Is IN
the county where the suit is pend
ing. taken before any judge or clerk
Justice OF the peace or notary pubic
in the county, without commission or
copv of the interrogatories, by serving
upon the adverse party previous notice
of the time and place of the eNamina-
ton.+ 50
"2517.-If the witness after being
duly summoned shall fail to appear, or.
having appeared. shall refuse TO an
swer the interrogatories. such ohcer
(iudgp or clerk. Justice Of the peace or
notary public in the county, shall
have the right to issue an attachment
against such witness. and to nne ana
imprison him in like manner as the
District Courts are empowered TO 10 III
like cases
The plaintiff in such suit instituted
PROCEEDINGS ,ndcr the afores2id pro-
visions of law to take the testimony oi
the defendant ~ O. Murphy, with
view in such proceeding to ontan
from him the sworn account OF ms eN-
penditure Of such funds. which, as mas
heen said. il was already by law his
duty to have filed with the Auditor.
The suit was brought in the County ~
Maricopa The Judge of that judicial
district is the Hon Webster Street,
who has been in Washington since
shortly after the commencement OF tfe
suit. The plaintiff gave notice of eX-
animation beg0re Gilbert -. Gray,
Justice of the peace in said county, an
subpoenas were properly issued to
Murphy. Murphy refused to appear in
response to the suhpoeIa. The FHStiee
of the peace denied tn, motion to at;
tach his person. on til" ground that
the proceedings was hrodght before
the case was at issue. \ similar pre-
ceeding was thereafter instituted before
the same justice, and on thS second
occasion Murphy again ignored tae
subpoena, and the justice of the peace
denied the motion to attach his per
son. on the ground that he dld not
believe that he had authority 90 attach
the person of he Governor OF the Ter
ritory.
II is respectfully submitted tNat the
above facts warrant the charge that he
has applied to his own use the money
which the rec lrds show that he has
received and has refused TO account
for
orD This Charge is. that the G y
ernor appropriated $l.577,55 to his
own use; the total of the above men
toned warrants is $l.=7I.55. The re
naming $500 he took as follows:
On the 10th day of March. 1899 the
Auditor issued warrant on the gen-
eral fund. to the order of " 0. Murphy
tsaid warrant being No. 147). upon
voucher signed by n. q. Murphy and
reading:
TO actual expenses incurred in SELL
ing $3l 0U0 Of territorial bonds by au-
thority of. ana under resolution Of
the Loan Commission, adopted Decem-
ber 6, 1898, $500
The law by which such issue was
authorized. was repealed by a law
which was passed over the Governors
veto on March l3, 1899. Just three days
after the issue of the warrant.
1t is submitted that this voucher was
not such an itemlzed statement as is
required by aw and that the Issuance
of the warrant was Illegal. Ii Murphy
had expended this money for any leg
innate purpose, he would have procured
a warrant reimbursing him. immediate
ly upon the passage of the allagnl
resolution by the Loan Commission in
December. 1898
On the 10th day of March Murphy
was about to send in his veto. knowing
that such bin would be passed over his
veto and become law 1nis was his
last chance to draw any money i'll
pursuance Of that statute: and, it Is
submitted that, without any just claim
of any kind against the Territory
simply by reason ~of the fact that his
power to draw public funds under the
color of this statute was about to be
abolished ed-he drew this warrant smu-
ltaneously with returning the bill 10
the Legislature.
CHARGE II.
That he procured to be drawn ont of
the Treasury of the Territory without
authority of law, the sum of ST. l29. so,
which was paid to his private Secrc
tary. a saEariad official. in addition TO
the regular compensation allowed such
official by law.
Subdivision 7 of Act No. Co. Of the
laws Of 1899 reads as follows:
Sdbd. To pay the salary of the
private secretary of the Governor fif-
teen hundred dollars. to be paid &c
upon the certificate of the Gov
ernor of the Torritority."
The private secretary otthe Governor
prior to August 1899, was w N. Tiff
tany. and subsequent t1 such date
was Sims Ely.
In addition to the rauglar monthly
warrants for salary allowed by law
(Auditors Report 1900 PIP. 79-S0D, the
following warrants were issued by ha
Auditor against the tund appropriated
by subdivision s of chap 80 of tn"
Laws of 1899 (sup,2l
April l w, n. TIFFANY,
"Typewritiag. postage,
and incidental r>pense." 213 3 81. op
May w. N. tiffany,
"Typewritine and post
dGt. - 1t Jb.bb