Arizona republican., 1902-06-08

used for the expenses or the eNecutlNe office adopted the paragraph as il reads. Certain furniture for the. exc cutive office was purchased. and mis- cellaneous bills were paid, nearly all of them relating to the famous annual re- port of the governor for 1899. Upon this report the governor. his secretary, and a force of stenographers and type writers were employed for weeks. all most day and night. When the report was published it was pronounced by the department of the interior the fin est immigration document ever issued for a territory, and congress took the unprecedented action of ordering an extra edition at government expense for the use of senators and congress- men. and the department. It was such q work as would have cost Arizona many thousands of dollars. if prepared by people in private life. and it was worth untold sums to the territory. Yet, the few hundred dollars represent ed by the cost Of this report was the subject of the Ives howl in the legis- lature of last year.
 That legisla ture understood the whole situation. and what had been intended by the preceding legislature. When Ives had finished his speech there was not even a motion to receive his com mittee report. It was calmly ignored. and the two houses went about their business. The auditor, against whom such a tirade of bitter abuse had been uttered, was unanimously confirmed in his re- appointment by the council, and in recognition of the increased needs of the governors office the two houses of the legislature unanimously passed q bill increasing the salary of the private secretary to $125 month and trebling the contingent fund of the office. Moreover, the confidence of the legis- lature was shown by provision that the governor should render no vouchers for the contingent expenses, beyond his receipt to the auditor.
 That was the last of the farce until President Mckinley was assassinated. Some mischieVous newspaper writer started the story that President Roose- welt and Governor Murphy were not friends. The credulous Ives believed it, and he began a new campaign against the governor, using the reject ed material that had been raked before the democratic legislature. He had 9 willing ally in Wilson, who was a dis appointed office seeker. It was cb- vious that they hoped to make a noise ana stampede Roosevelt into removing Murphy. The conspiracy failed, and as there was nc practical way of with drawing the suits, they went to trial with the result that the whole terri tory expected.
 Judge Rents decision follows:
 THE DECISION.
 ic h t.v payer of the territory against the audi tor and his bondsmen to recover three times the amount of certain warrants alleged to have been issued without au- thority of law.
 The action is brought under the stat ute of 1901 authorizing such action by such taxpayer.
 The action was originally against the governor of the territory. as well as against the auditor. but on demurrer 1 it was held that the action could not | be maintained against the governor by ! this plaintiff. because at the time of i the issuance of the warrants there was no statute that gave any right of ac- , tion in any one against the governor, ! the former statute giving such right i of action against the auditor and his l bondsmen, though such action did not ! lie in favor of a taxpayer.
 The complaint alleged that the war rants were drawn to the governor on his order; that they were paid. but that the money was not expended for any public purpose, and that the pro- ceeds thereof were converted by th= governor to his own use. No proof l whatever was given on the trial tha; the money was appropriated by the governor to his own use, or that the ! money was used for other than a pub- lie purpose, or that the expenditures were not necessary and proper: and there was no charge in this action that the auditor had any connection with the warrants or the proceeds thereof except that he issued them.
 The action having been dismissed as 1 to the governor has been brought to trial as against the auditor and his bondsmen on the sole questions as tC the first thirteen causes of action whether or not these warrants $. drawn by the auditor were warrants issued without authority of law. for which in this action he and his bonds men can be held for three times the amount thereof.
 The plaintiff bases his contention that as to eight of these warrants they were issued without authority of law on two grounds: First. that the funC appropriated by subdivision &, chan. ter 69. Of the laws of 1899. on which these warrants were drawn. does no appropriate money for the purposes fol which the warrants were drawn; ant second. that they were issued in viola tion of sections z962 and 2974 of the re Vised statutes of 1887 providing for th' furnishing of vouchers prior to tn. payment of claims.
 As to the first point, the ma tier wa: fully presented by the plaintiffs coun sel on the argument of the demurrer but has again presented by him in re ply to the argument of defendant counsel, who did not present their pc sition in the matter upon the argumer of the demurrer.
 Section $ referred to is as follows:
 subdivision S. To pay the contin gent expenses during the six month ending June thirtieth.. 1899, and durin: the fiscal years ending June thirtieth 1900. and June thirtieth. 1901. the sun of six thousand two hundred and lift,