The Tucson citizen., 1902-01-28

Nov. II Sims Ely, Extra
clerical services and
cash expended for the
Office, etc. acct An
nual Report" ,.....,... 909 10000
Dec IA. Sims Ely. Type
writing November" 80. 1901 34.0(
1900:
Jan, 8, Sims Ely. Type
Jan. l6, Sims Ely. "Ex-
penses Governors office 113 5000
Feb /. Sims hly "Ex-
penses Governors office" 113 1920
Feb /. Sims Ely, "Ex-
penses Governors office" $40 $500
March 5, Sims Ely, Type
writing and Postage. 112 3S6(
April ., Sims Ely, Type
writing and expenses" POI 1850
May 3, Sims Ely, "Ex-
penses April .......... 1926 1850
June l, Sims Ely "Ex-
penses May" 80. $50. 351 3421
July ;. Sims Ely, Mis-
| laid" .... 80. ....... 402 372u
August ., Sims Ely, Mis-
Sept. I, Sims Ely. "Ex-
penses typewriting" 49,. SIC 1910
oct. /, Sims Ely, "Ex-
penses typewriting' .. SAT 45.2O
Nov /. Sims Ely, Type
writing expenses" ..... 66S 1890
Dec, Sims Ely. Type
writing expenses" 49,. 72S 1850
(Auditor's Report. 1900 PIP, 7l-72-73,
/ ts, n
80. 1907
It is submitted that these warrants
were issued without authority of law;
for the reasons:
First. That. as has been stated in
Charge I. "A" the appropriation OF the
money. against which the warrants
were drawn, was for no purpose other
than for the printing OF proclamations
and for rewards and expenses Incl
dental thereto.
Second. The compensation of Tif-
fany and Ely was fixed by law tSubd.
:. Chap SO, Laws OF 1899, supra.l
Where compensation is provid-
cd by law for an officer, it is conclusive
and the officer can recover nothing be
yond it, The payment therefore of the
thority OF law"
Opinion of the Supreme Court Of
Arizona in the case of Avery vs.. Pima
County. 60 Pacific Reporter at p. 705
CHARGE III.
tA) That he has without authority
oi law. caused to be paid during mis- Of
fficial term. many thousand douars to
the Arizona Republican.
(aD Chapter IA of the Laws OF 1897
provided that the Biennial Reports Of
the Territorial officials and institutions
should be printed under contracts let
upon advertisement and bids. but fail
ed to appropriate money to pay there
for
The Revised Statutes of 1887 provide
as follows:
"2967 tSec 30)-No warrant shall
be drawn by ,he auditor or paid by the
Treasurer, unless the money has been
previously appropriated by law: nor
shall the whole amount drawn for or
paid under one head ever exceed the
amount appropriated by law for that
purpose.
"296S. (Sec 11.)-In all cases where
the law recognizes a claim for money
against the .erritory, but no appro-
priation shall have been made by law
to pay the same. the Auditor shall ad-
nit and adjust the same. If presented
to him. and give the claimant a certi-
ficate of the amount thereof. under his
official seal. if demanded and shall
report the same to the Legislative AS
sembly, with as little delay as pos
sibIe."
The contracts for printing the re
ports for the year 1898 were let TO four
printing establishments. OF which the
Arizona Republican" was one. The
work was divided into four blocks. 1t
was admitted under oath before the
Council Committee that the Tour print
ing establishments agreed in advance
upon the bids which were to be made,
and 1t was arranged that the bid Of
each should be the lowest upon one
block of the work. Each of the four
establishments bid lor all four blocks
of work but the bids upon three of tn"
blocks We're fictitious and made with
the knowledge that lower bid would
be made in each case by one OF the
other establishments. The result was,
that the four contracts were let the to-
tai amount being the sum Of $46S3
and the amount in favor of the "Ari-
zona Republican, being sos.
These facts became known to the
Legislature of 1899.
An item appropriating said sum OF
S2.6S3 was put in the appropriation bill
for that year. which said bill when en-
acted, became the Chapter 60 of the
Laws of 1899, hereinbelore referred to.
The bill passed the lower house OF
the Legislature containing such item.
These collUsive facrs had become
known. and the council amended the
bill by striking out the itam appro-
priating this amount The friends Of
the item were able to secure The sup
port OF a ma aioritv Of the members of
the House, and the Epuse refused to
concur with the council amendment,
and conference committees were ap-
pointed Both branches OF the Legisla-
ture We're firm, and neither would re-
ccdo Nickers. the Auditor. at this
iuncture, made an agreement with the
lower branch of the LEGISLATURE that
II thov thn lower branch1 would re
c",lc from their position he as Auditor.