Williams news., 1907-05-11

tory, by leave and order of the above entitled court. files this sec ond amended information and com plaint. upon the verified complaint of s. H. Fine, and gives the court to understand and be informed as follows:
 I. That he. said Henry F. Ash urts, is now and for more than ten months last past has been duly elected, qualified and acting dis trict attorney of said county. of Co., conino, Territory of Arizona.
 II. That the defendant. the county of Coconino, of the territory of Arizona, is body polite and corporate existing under the laws Of the territory of Ari zona.
 III. That said defendants are now and ever since on or about the first day of February, 1906, have been using. holding and exercising franchise to exact and collect toll for the pas sage of horses, mules and burros led, driven. ridden or other wise passing over. upon and along that certain trail. footpath or bri- dle-path, situated in the county of Coconino. in said territory and lead ing from point in or near the northeast corner of section 23, township 31 north. range 2 east, Gila and Salt river base and merid- ian, near the rim of the Grand Canyon of the Colorado river, and near the northerly terminus of the Grand Canyon Railway company's s line of railroad, down to what is known as the Indian Gardens in said Canyon, said trail being commonly known as the Bright Angel Trail !; and that during all of said time said defendants have been and are now exacting and collecting toll of and from such persons as travel upon horse back or with horses, mules, or burroS upon and al )ng the said trail for the privilege of so travelling upon, along or over the said trail.
 W. That neither of said defend ants has nor during any of said time have they, or either of them, had any right. authority or warrant of law to use. hold or exercise such franchise or any franchise for the collection of such or any tolls fo, such or any privilege of so, ol otherwise. travelling upon. over and along said trail; that sad de- fendants did in the beginning hold exercise and usurp. are holding. exercising and usurping and have at all the times herein mentioned held, exercised and usurped said franchise and have exacted and col lected such tolls without authority or warrant of law, wrongfully and unlawfully to the damage and prej- udice of said territory and against it's peace and dignity.
 Wherefore, the said Henry F. Ashurst, as district attorney as aforesaid, for said territory and in the name and by the authority thereof, prays that process of the above entitled court be awarded againts said defendants compelling them to answer and show ty what authority or warrant they or either of them claims the right to use, hold and exercise said franchise; that upon the final hearing hereof said defendants be perpetually en- joined and restrained from holding. using. exercising and usurping said franchise; that said defendants be busted from the possession of said franchise; that said territory te awarded such other and further re- lief as may upon the hearing hereof appear to be just and equitable. Henry F. Ashurst. as district at
 torney of Coconino county,
 territory of Arizona.
 omas A. hT Flynn, assistant dis
 trict attorney.
 T. T. Norton of counsel.
 Where. in this complaint, is there any mention of the Ferrall contract which the district attorney and his assistants claim they were trying to break? What could be clearer attempt. not to break con- tract, but to take away, forever, from the county. as we'll as Ferrall, all rights in the trails? =.
 1 assisted to the utmost of my ability in securing the passage oi the so-called Cameron bill, by the last legislature, because it cured the only possible defect in the law under which the railroad company might take the trail away from the o,,I1ntU