Arizona republican., 1910-10-11
CITY ID SUE PHONE
 C0. FOR BACK TAXES ORDERS ATTORNEY TO FILE TEST CASE AGAINST CONSOLIDATED. Judge Kent Will be Called Upon to Determine ConstitutionaIity
 of New Law.

City Attorney Prescott was last night instructed by the council to file suit against the Consolidated Telephone company for the collection of municipal taxes for two years. payment of which has ben refused by the corporation, which claims that it is exempted under a law passed by the legislature. This is the new law providing that all ex- press, telephone and telegraph com panies pay into the territorial treas ury four per cent of their gross earnings lin lieu of all other taxes"
 The law has been the subject of much controversy in practically all the cities of Arizona and the out cohle of this citys suit against the Consolidated will be awaited with deep interest.
 Attorney Prescott made a brief talk to the council. stating that the Consolidated had for two years re- fused to pay its city taxes. The unpaid taxes aggregate s225 and MT. Prescott suggested that a test suit be filed to determine for all time whether the company is right in the stand it has taken. He gave it as his ol)inion that the law did not mean that express, telegraph and telephone companies should not pay city taxes. Court decisions have es- cannot take away the taxing power Of cities, as vested in their char ters, he declared
 There was no serious objection to the attorneys suggestion and res olution was passed instructing him to file suit The suit will not only determine whether the Consolidated owes the city back taxes, but whether the Wells Fargo company and Western Union are not also in debt to the municipality.
 This was the most important ac- tion taken at last nights meeting of the council. After receiving re- ports of the various city officers, some of which were read and some of which were filed without reading. some matters of slight general inter est were taken up. A petition for a cement sidewalk on both sides of Tenth avenue, from Woodland street to Washington, was laid on the ta- ble Another ordinance relating to the placing of electric signs was passed, repeating one that was slightly different and which was passed by mistake at former meet ing. The two ordinances were drawn up but in the final shuffle the coun- ell voted on the one it didn't want to adopt.
 On motion of Councilman Cisney, to employ as many extra policeman as he needed, up to ten. for fair week MT. Cisney offered several, suggestions which were adopted. One was that it would be wise, before making any arrests for violation of the ordinance compelling drivers to keep on the right side of the street, to place a man at Center and Wash ington for a month or so to edu- cate the public. He also suggested that men be placed during fair week at Adams and Center. First street and Washington, and Fifth avenue and Washington. The policeman who has been keeping the sidewalks clear will at once be placed at Center and Washington and remain until after fair week.
 s. H. Mitchell, manager of the street railway company. asked why his men had been stopped from set ting up poles on the south side of Bennett Lane, for the new car line He was told by Councilman McDer- mott that the poles were not on a l