Arizona republican., 1913-02-18

tition of the Solomon -Wickersham company The Arizona Eastern com panN lost the suit in the district court and appealed to the supreme court. The facts of the case are these The CrandaU Contracting com pany entered into an agreement on August 21, 1909, to make the railroad embankment for the lines extension, agreeing to complete the same by December 1st, 1909 The contract was originally entered into between the Crandall company and the G. V. G & N, but that company was taken over by the Arizona Eastern in Janu- ary. 1910, with the Crandan people still working on the grades Con- tnuing for three months more how ever the Crandau people threw up the job, and the Arizona Eastern then took up the work and completed it.
 During the time the Crandall com pany was working they were ex- tended credit by the various mercan- tile companies of Globe, and when they threw up the job they did not settle However as the successors in interest of the contracting company also the Arizona Eastern was held by the mercantile companies to be re- sponsible for the debts, and a num-
 Der of actions were brought against | the railroad company, resulting in ! liens being filed against the railroad 1 for the amounts of the bills.
 When the cases came up for trial l in Judge Lewis court he ordered a 1 consolidation of all of them before | proceeding to trial and they were 1 tried as one case, and a judgment l entered in behalf of the mercantile | companies. foreclosing the liens that 1 had heretofore been filed. To this ! the railroad through it's proper coun- 1 sel objected, excepted, argued a mo- ! tion for a new trial and when over i ruled appealed
 i In lengthy opinion delivered by l Judge Ross, in which his confreres i Justice Franklin and Judge Duffy i temporarily sitting for Judge Cum ] ningham concur, the court holds the | Arizona lien law, found in para 1 graph 1902 of the Revised Statutes | of 1901, absolutely applies. This | paragraph says:
 All contractors sub contractors, l Iaborers, operatives and other per | sons who may labor or furnish labor, ! teams. materials, machinery, fixtures | or tools in the construction or repair | of any railroad, locomotive, car or ! equipment, or who may labor in the 1 operating of a railroad, and to whom money or wages are due or owing to such labors teams, tools or materials, | shall hereafter have a lien upon such ] railroad. and it's equipment for such | sums as are unpaid"
 The opinion is supported by a | weight of quoted authority. The rail- road company further disagreed With i the court of preliminary jurisdiction
 on the ground that errors had been 1 permitted to creep into the record and the railroad company should have ! therefore had a new trial. But the 1 supreme court decides that the appeal
 was not made on the errors but upon | the judgment of the lower court,
 and finding nothing inimical to the l rights of the railroad in the judg-
 ment. an order affirming the decision
 of the lower court was handed down
 in the opinion yesterday.
 The Solomon Wickersham company
 begged leave to intervene, and were
 named as parties defendant to the
 action in the supreme court The
 Solomon Wickersham claimed in-
 debtedness due it from the railroad
 company of $13,000. This brought
 suit and garnishment to which the
 railroad company pleaded acknoWl-
 edgment but stated that the liens
 precluded the possibility of payment
 but because of the admission, and the
 disposal of the liens of the consoli-
 dated cases the court holds the in