The copper era and Morenci leader., 1912-06-14
PARKS BRINGS SUIT AGAINST
 OLD BOARD.
Suit Filed In The Superior Court This Week Alleges That $8,- 362. 60 of County's Money Was Illegally Ex-.
 pended.
FIVE CAUSES ARE ALLEGED

FIVE CAUSES ARE ALLEGED Question of Refund of Personal Pro-
 perty- Tax in 1911 Is Raised.
 The expected has happened. Since the retirement of the old Board of Supervisors of Greenlee county, com posed of J. H. T. Cosper, chairman, George Webster and B. F. Billings ley, charges have been made that dur ing the incumbency of the old Board of Supervisors, public money was ,x- pended illegally. These charges cul- minated this week in a suit against the above named members of the Board containing five counts and az gregating $13,3S0. 16. The statutes of Arizona providing for the recovery of public money, alleged to have been illegally expended by Board of Su- pervisors, provides that any taxpayer of the county shall make a written demand upon the District Attorney to bring the suit of recovery, and in the event the District Attorney shall re- fuse to bring the suit, then the tax payer may institute the suit in his own name.
 The title of the suit, which was filed in the Superior Court this week, is Jas. V. Parks vs. J H. T. Cos per, George Webster and B. F. Bill kingsley.
 In the first count it is alleged that on February 12, 1912, demand was made upon the District Attorney of Greenlee County to institute the suit agains the Board for the recovery of the money, alleged to have been un- lawfully expended, and that the Dis
 Jet Attorney refused to institute the sGi
 The first count in the complaint al leges that the Board of Supervisors illegally refunded to personal taxpay- CTS during the year 1911. the sum of $2,96O. 60. The complaint in this con- nection alleges in part as follows: That the Board of Supervisors of Graham county in 1910, before the county of Greenlee was segregated, fixed the rate of taxation on real and personal property at $2 S5 on each $100 valuation. That in 1911, the Greenlee county Board of Supervisors fixed the rate at $1 80 for the same purposes That Assessor Jas. Kerby collected from personal property owners from February to June 1911, at the rate of $2 85, the rate for the previous year (1910), and paid the same into the County Treasury. That the Board of Supervisors on August 24th, 1911, did, without authority of law, make and cause to be entered on their record, an order directing John M. Webster, treasurer, to re- fund at once and pay out of the Coun- ty Treasury of said Greenlee County, the difference in the tax rate of 1910 as levied and collected on personal property by the County Assessor, and the tax rate as fixed by the Board of Supervisors for the year 1911. The refund amounted 60 $1 05 on each $100 of personal property and totalled $2900 .60' The complaint further hEtates: That on the twelfth day of
 February, 1912, the plaintiff requested ehe County Attorney of said County to institute suit against said defen- dants and the attorney refused. That the plaintiff under the statute made and provided, and as such taxpayer, brings this suit for and on behalf of and for the use of Greenlee County The complaint asks that 20 per cent additional be recovered to the county, and that 40 per cent of the amount be allowed as attorney fees.
 The second cause of action alleges that the Board of Supervisors illeg- ally paid to w. O. Wheatley the surn of S250 % for making a duplicate copy of the assessment roll of Greenlee county for the year 1911. The conl- plaint recites: That said pretended claim, so presented, was not verified by the affidavit of the said w. O. Wheatley, nor by anyone in his be- half, and that said Board of Super visors had no power or authority to audit or allow said claim; that the claim was not, at the time of making said order, a legal charge against the County of Greenlee. That said Board did not at the date of allowance of said pretended claim, nor at any time previous thereto, order said Wheatley to make an abstract of the duplicate assessment roll for said county of Greenlee for the year 1911; nor at the time of the order, nor at any time, was there any agreement or contract with said Wheatley to make such abstract. That the de mand of Wheatley was not a legal charge; that Wheatley was the clerk of the Board, and in first class coun- ties, it was his duty under the law, to make such duplicate assessment roll without extra charge"
 The third count asks for judgment against the Board for $500. % on ac- count of money paid to E. c. Heck, for furnishing plans for new court house. The complaint alleges the Board had no legal right to pay Heck ! ->--~-. Ii-ln.