The copper era and Morenci leader., 1912-06-14

The IOurtn count asks LOT judgment against the Board for s60 and costs for money paid H. O.. Tunis for ex- penses in attending a Good Roads Convention at Prescott.
 The fifth and last cause of action relates to the payment, on account made by the Board to Jack Holman for construction on the highway from York to Duncan and asks for judg- ment for $4,652 together with penalty and attorneys fees. This item alone amounts to $7,443 20. The complaint regarding the alleged illegal payment of money for this road work is as follows:
 That on or about the second day of January, 1912, the defendants as a Board of Supervisors, of Greenlee County, Arizona, without authority of law, made and entered into a contract with one J. T. Holman by the terms of which the said Holman undertook and agreed to construct public road from York, in said Greenlee county, to the town of Duncan, in said county, said road was known and designated as the Clifton-Duncan road; that by the terms of said contract said Hol- man undertook and agreed to con struct said road from said York to the town of Duncan, in compliance
  tions on file with defendants, as a Board of Supervisors, and complete the same according to said survey. profile and specifications for the su n of $S,497; that the said Board by the terms of said contract agreed to pay to said Holeman said sum of $S,497 upon the completion of said road, ac cording to said survey, profile and specifications; that said Board under r rsrfr,O 0f% h. c tract did order payment to be made to said Holeman of the sum of $4,652 on account of the construction of said road; that said Board by it's order duly entered on it's records, directed warrants to issue to said HOleman to the County Treasurer of said Greenlee county, directing said County Trea- Surer to pay out of the Treasury Of said county, the several sums so or dered by said Board, aggregating the sum of four thousand six hundred and fifty two dollars, and said warrants so issued and directed to said County Trea surer were paid by said County Treasurer out of the Treasury of said Greenlee county; that the said defen- dants, as Board of Supervisors, had no right or authority to order payment to said Holeman of any sum or sums out of the County Treasury for and on account or the constructor or Sa1d road; said defendants had no power or authority to enter into said con- tract for the construction of said road and no power or authority to order pay ment on account thereof to the said Holeman out of the Treasury of said Greenlee county; that said claim by said Holeman for and on account of said road was not a legal charge against said County. Wherefore, plaintiff prays Judgment against the several defendants for the sum of four thousand, six hundred and fifty two dollars, together with 20 per cent on said sum of g., 1852, for the use of said county of Greenlee, to be covered in to the County Treasury to the credit of the fund from which said order of allowance was directed to be paid, and that this court allow plaintiff costs in this behalf, and a reasonable attorney fee of forty per cent upon the amount of the recovery herein. The attorneys in the case, repre- senting Jas. V. Parks, as taxpayer, are Mcfarland x Hampton. No at torney of record has yet appeared to the defendants. The suit will first be heard before Judge Laine of the Superior Court, and no doubt will find it's way to the Supreme Court of the state.