Arizona republican., 1902-06-08
DISTRICT COURT
Decisions on Trial. Demurrers ys. Mo
 tions in Important Cases.

Three cases of more than usual in- terest were passed upon in distrier court yesterday. Two Of them were the cases Of Thomas F. Wilson. tax Dayer. vs. G. W. Vicllers ct al. in which the judgments for the defense appear in another column. In the case of Maricopa county vs. B. E. McFail. county recorder, a demurrer to the complaint and a molten to strike out had been filed. The demurrer was overruled and the defendant was given leave to renew the motion to striks on the trial of the case, which was set for June 15. In this case the county seeks to recover from the defendant certain fees which he has refused to turn into the county treasury on the ground that the law. while it orders tha turning over of some fees, which are definitely described, does not include these fees in the description Tho plaintiff on the other hand points to another paragraph of the same chap ter in which the salary Of the county recorder is fixed and provides that t shall be in lieu of all fees.
 The court in everything the demurrer said that if section 263S stood alone there would be a distinction between
  But all statutes must be read together and the effect given to the meaning 3s a whole. Sections 2609 and 2e15 of tn } same chapter. the court said, intended that the salary of the county recorder in a county of the first class shall be in lieu of all fees for filing and record ing" a generic term intended to be aD- piled to ail fees received by the record 1a Ia. n,a recorders of the smaller counties to re tain one-half Of certain fees it had no difficulty in stating it's intention. The court concludes that though the legis- laton is loose there can be no doubt of the intent of the law that all the fees should be turned into the treasury. In the case of C. Rodney Mcdonald. taxpayer, against the supervisors and their bordsmen, to recover all money authorized by the board on account of the law of the last legislature creating the water storage commission the de- murrer of the United States Fidelity and Guaranty company was sustained and the plaintiff was given leave to amend.
 U was contended on the part cf the plaintiff that the law under which tho water commission was created was spe- cial Legislation and was therefore in valid and in contravention of the or ganic law. According to the Associated Press dispatches received by the Ee- publican last night this law. known as i Act 65. has been given some standing. 1 having been passed yesterday by the ! United States senate. or rather. it's en- actmsnt by the Twenty first legislature of Arizona was ratified. The act had already been ratified by the house.
 In the case of Moses Hughes vs. C. F. Philes ct al. motion for new trial was denied and Defendant Woiffey gave notice Of appeal In the case Of the estate oe Emily \. Woodruff the motion Of the administrator de bonis non to dismiss the apepal from the probate court was denied. In the case of W w Edwards. administrator Of the estate of James D. BonthrOn vS. the Phoenix Light and Fuel companE, 1 the demurrer to the complaint was sus tained and the defendant was given judgment. BonthrCn, native "i Canada. was killed by coming in con tact with live wire of the defendant $ ! lighting system, and this action Was brought to recover damages.
 In Deity vs. Gunther. to recover ! commission on a mining sale. the mo- | tion of Jensen. garnishee. [" strike out was denied without prejudice and his 1 demurrer was overruled The trial of Willard vs. Carruthers was set for l June 23. The hearing Of an order to show cause in the case of P. K. Hickey vs. Emily Hickey was. The three ! cornered case of kellog Vs. Perazzo 1 was submitted.
 
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