Weekly journal-miner., 1913-12-17
HAS THE RIGHT
 TO ISSUE BONDS.
lFrom Saturdavls Dailvl

ton and the issuance of bonds for a new courthouse. Whatever doubt , existed. and there was none except in the minds Of one or two, is ei- iectually dispelled by the opinion of ! Attorney General Bullard. who on Thursday rendered an opinion that ] counties can bond themselves for
 road and other public improve ments.
 ! The matter came to focus through a letter sent to a Phoc- nix newspaper by a Prescott at tOrney and by the paper turned over to the Maricopa Board of Super ! visors. The paper was informed that Maricopa had no right under the constitution or laws of the State to issue bonds for ANY pur- pose, and that Yavapai county was in the same fix. As Maricopa had decided to bond itself for the sum | of million and quarter dollars | for good roads. the gratuitous opinion furnished by the Prescott attorney precipitated a decision to find out where they were at" | Not only was the question referred to the county attorney. but also to the attorney general. The latter legal light came to the front with an opinion in which he says that county can bond itself for four per cent of its assessed valuation, and if existing debts preclude the raising of the desired sum, then the people can through the medi- um of an election increase the debt of the county to ten per cent of the ! last assessed valuation of the coun- ty. To clinch the matter beyond dispute. the opinion of the attorney general IS here quoted verbatim: Under Section 8, Article g,
 of the Constitution of Arizona, as amended at the general
 election of 1912, the Board of | Supervisors are limited in the
 amount of indebtedness which
 any county can incur to a max mum of 4 per cent without
 the consent of the people as
 expressed at an election, but if
 the people, at an election, so
 decide, the maximum indebted
 ness may be increased to not
 exceeding 10 per cent of the last assessed valuation. Chapter 2o
 of the Laws of 1912 provides
 how the indebtedness may be increased by the election. Mo
 have county has already issued
 under this authority S1o0,00O bonds for roads and bridges and
 Yuma, under the same author
 ity S500,000 in bonds" Tn the Yuma case Attorney General
 Bullard approved the issue.
 Now to get down to cold facts and figures. The present debt of Yavapai county in round figures is 100000 If the supervisors felt so inclined they could go ahead on S33S,O0O The assessed valuation of the county in round figures is S40,- their own initiative under the pro visions of the constitution quoted by the attorney general and in- crease the indebtedness of the coun- ty to four per cent of its assessed valuation. or $l,6OOO0O, without the consent of the people expressed at an election And then there would be abundance of latitude, as 1t is the intention to use only S250000 for the new courthouse. An election could authorize a debt of S4OOOOOO.
 But the supervisors have taken the position that they would pre- fer to have the tax-paying voters express their opinion on the new courthouse proposition through an election and while there is no 1e- gal necessity for such action, the Chamber of Commerce has complied and now has petitions in circulation asking the County Fathers to is- sue the necessary call. These pc titions will have the required num- Der of signatures and more. and be ready for presentation at the January meeting of the board. The election will then follow and there is no doubt but that the people will vote overwhelmingly in favor of a new structure to replace the old, dilapidated and unsafe struc- ure, which now disgraces the plaza. And what is more the election will De legal, the bonds issued will be egal and there will not be the east trouble in dispOsing of the ponds at better than par.