Bisbee daily review., 1906-12-18
BOH] ATT0RHIEss hRE EVIDENTLY
 MISTAKEN
Attorneys Who Passed on Sew CT Bonds Disregard Decision of the Supreme Court of the United States.

United States.
 At rneetins of the city council last eveni,g two cf tse most impor- ta1t ouestions (which have been called 10 the attention of that boiv sn some tlme. the sewer bonds aEc he taking over of the subway, were taken up and discusse5 Many of the pronipert tusiness men of the city were prescott sai took r3rt in the iiscrssion. bu. csthiag definite was derided rnol.
 The first raatfer .e-at. =p was ,hst of reading the opinicn of chasies H. Woef. tie bond attorney vho pssse. | c1 the sewer bonds fer the local raihs Woods opinion he'd that :he lo., $ wore invalid herause st the eiec.tor which was held fci the pnrposc of ag- ecrtainin- the wishes Of the "eanie cn the Issuance Of the ssl.a. two thirds of all the tag-payefs ahd lesal ycte-s cf the city had n5E ys,ea as- irmativsiy on the question. al,bourh tWc-thirds.of the ueople whc did vote favored the bcnd issue.
 City Attorney Merritt thea took ti,e foor and stated that he wita he re- scected the opinicn Of the banks at- tcrrey. felt that he mus holS tits other way. relying on the supreme court Of the territory. and the supreme court of the United States for his slr- po-s.
 When the city Of Tucson voted scnds several years age. Merritt states, identically the ea-1o question Tyas raised. and the case was fought te the supreme court of Arizona. where sl.-Fe Sloan rendered the decision which Merritt relied uron. ani aIl of the ether ji-stces agreed with him h this o7ini0H the court draws a dls- .lnctien between the woed "olecto-" as psed ir the act of congress under tke nr'ovisiens of which the election was held, and the word "rste-s es used iu the sane sSt- The court dociiea that SD esact0r was Cre pgEo haa -ir-fit to v0-R, aE1 voter ts an esactSr w1o 2sss lis riga. e vote and aHqtes tbe s'}2-f,T1e c0azt e as 1ltca State to sa1-a-f his Vss gf ISs ststate. Two tai7ss c5 tha Va-ees at tse sis.eti9a ausier dleeasffrn Feaea afirmatiYely.
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 s . tsrslssa- D 3 sen'tory he i[.-rssf .r42 Z scT 1ase court is the ;s.rees7 z ~x5 rrssgs aa1 1 thiai. Y r~aS gy tat eI Lca fopa atioI 1cFa 4 ss ae1 e1 this astce. wocd caurssi for the S iaEafs-s wss Dre5e.t at tes Toa reeti1~. 3rd wa6a asked Cor k oiesen state5 #rIl E rrT sv7F tnat Iess. Ecfi Z Cakley
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 se h~ the higkss. authority in the 7rasse1 their views on :he matter, ard | SC nel tp be the snsersus of orin- o1 thai Wood $ O.,Iav did not giVe -ae uStter taorOg~1 ccnsideration, otherwise fhey would not have COZ radi,t tel tha supreme court cf the Ioitei States.
 After the conclusion or the discus sioa on this subject, f. was decided 10 refs- the matter back 10 the banks CT further consideration. and await a -eq0Tt from them ss 70 what they will ds iB regard 10 the taking ef the bonds suggestion to the effect ,hat the nat -er slic1id be referred 10 Judge Dillon 3F New York, or some other hoNd an- ,icn wss taken
 Tie aszJ TosEter taken ap was that cf tho citF's taking over and maintain .cs- .te sasws.
 The d.scasEfsn er tnis, atrsec was general some tsg5siss taa proposition a.li cthes5 carcsine ir
 There faForlrg sae arossositis urged sh q 3s earlas c1-r scgfa fa ieessit-
 5 ss-sss>ss as tse vasef- -ss fs a If st-ci ass stsfp ! iosi, ard iEll- sass sta ely hsss sarssgicls1 oyer the s4tweT T. could not eRf9r.e :hss Tezl- sasoa. Taex caEseDse1 further that eTea sSa 4eeaie Nlso lived at roint re- note Sosn T6e subway stould also Hzs an interest ln Ds na<stenaaee, sss7 showed where t6e cost to a per scs cwaiHg property valued al S25oO af a distsnce frcn tEe sssAwaS, would se not more thau $40 8 year. under Irke rrost unfavors1,ls eircumssance, whereas fle expense falling On the property holders along Main street would he proportioneIely large. ] t vas sEated by the opposition that i tne subway was not 2. public highway out several men who have been in the city for years sta1ed that t had been used as a highway fer more than six teen ye-ars.
 1 saattuck made a ncsicn to refer the ] matter to the people al special cleo lfson. bat these favoTing toe pr2posl ] -ioa opposed this on account of the l .irne which would be iosf. tae expense Of holding an election. and the neces- issty of piacing the matter in all it's de ltaile before the conmuH.ty would re cuire a great denl cf tiass and lead te rc1fssicn-
 ] Tke noti5n was iaii on the table and the matter will fc taken up aeasu at q meeting Of the council to hc held ca "Wednesday. evening. at which tire l Frankenterg Bso$. ant Newman wil