Arizona republican., 1908-07-28
THE MESA SPEED LAW
 STILL 10 BE HSTtD
A Second Warrant and Second Writ
 in the Case of Judge Ainsworth.

The alleged fracture of Mesa's speed limit ordinance by Judge Aims worth last week, like Banquo's ghost will not down; the damned spot will not out" It was supposed that
 the matter had been dropped until yesterday when Constable Phelps of
 Mesa arrived in the city with a second warrant for Judge Ainsworth.
 It had been issued by Judge Guthrie of Mesa precinct and the defect which existed in the former warrant was cured. The document was served on Judge Ainsworth who i'm
 mediately applied to Commissioner
 Johnstone for a second writ of ha- beas corpus.
 Before the issuance of the writ, Constable Phelps evinced a strong desire to get back to Mesa with the judge. He seemed to want to be
 able to show to his fellow towns men and constituents that he would ont always come back empty handed. Though it was pointed out
 to him that it would be a waste of
 time since Judge Ainsworth would limmediately give bond on his arrival there, he still insisted on taking him
 back with him.
 Even after the writ was issued,
 the constable inquired of the court commissioner if he could not take
 the judge to Mesa and be prepared to start with him to the point of hear | ing of the writ, the next morning; the main point seemed to be that Mesa wanted to entertain the judge
 for. short time
 The commissioner explained that
 the writ was made returnable forth with and that whoever might be re- lsponsible for any delay would sub ject himself and his bOndsmen to serious trouble.
 The writ has been made return able before Judge Campbell of the
 first judicial district and Judge Aims
 worth and the constable left last night for Tucson where the matter
 been ascertained that Judge Campbell would Abe at home.
 At this point the constable inter
 posed another objection of a physi- cal and financial character. He said
 that when he left Mesa he had not expected to make an extended tour
 O, the country. He had not worn
 coat and he had brought with him
 only enough money to pay his need | full expenses of q few hours in the city. He had reason to believe that
 Judge Ainsworth would not pay his | fare to Tucson and he felt quite cer- tain that once the judge got him there, he would not pay his fare
 back. Moreover, all of Judge Aims
 worth's spare coats were too large
 for the constable.
 All of this however did not in Iterfere with the fact that the con stable was required to appear with
 JudgesAinsworth before Judge Camp
 bell at Tucson today. The constable lacocrdingly borrowed as much mon
 ey as he needed for railroad fare, | to pay his expenses en route and | while at Tucson also to buy a coat (which he really did not need. | The application for the writ does | not attack the form of the warrant but is rather based on general
 grounds. It is understood that Judge
 Ainsworth at the hearing today will attack the ordinance which provides for the punishment of those who ride or drive through the cOrpor- ation at a speed of more than eight miles an hour.
 It will be contended by Judge
 Ainsworth that a passenger in an au- tomobile' can not be arrested for the speed of the driver any more than
 the passengers of a railway train
 can be because an engineer runs
 through a corporation at greater than the prescribed speed.
 It will also be pointed out that