The copper era and Morenci leader. [volume] (Clifton, Ariz.) 1911-1929, 1914-06-26
MULFORD W|NSOR'S
JU \ KE TIN G
EXPENSES
wv. B. coRERLY FILES PROTEST.

IOCOOIN, June A0"A pTOC0Sl
against the allowance of the expenses
of Mulford Winsor, chairman of the
state land commission on his recent
junketing trip to Washington, has
been made by w. b. Coberly, mana
ger of the La Osa Cattle company, q
large taxpayer of the state and q
purchaser of the Moqui and Navajo
base scrip.
Mr.. Coberly has addressed a let
ter to j. C. Callaghan, state auditor
protesting against the payment OF
Winsors expenses out of public
funds. The letter is as follows:
Tucson, Ariz., June %, 1914.
Mr.. J. C. Callaghan,
State Auditor,
Phoenix, Arizona.
kMy Dear Sir
l am a resident of Pima county
and general manager of La Osa Cat
tie company, which company paid
taxes for the year 1913 amounting
to the sum of $1,000.
| This company purchased 11,000
acres of Moqui and Navajo scrip
which it placed upon land adjoining
its present holdings.
1 am advised that Mr.. Mulford
Winsor, chairman of the state land
commission, in his capacity as such,
law, has expended the funds of the
state in preparing and making pro-
| test against these selections along
with other purchasers of this scrip.
AS general manager of La Osa Cat
tie company, L am now writing to
request:
1. A copy of any expense ac-
count which Mr.. Winsor or any MEM
ber of the commission may have filed
in connection with these protests.
2. To formally protest against
any further payment by you out of
state funds of any accounts sub
mitted by him or any member of the
state land commission in connection
with these cases.
would very much appreciate
your prompt compliance with this
request.
LA OSA CATTLE COMPANY.
By W. B. Coberly, Manager.
The opinion of Mr.. Coberly's law
yer on which he bases his protest is
as follows:
THE duties of the land commits
sion are defined in section 4566 of
Revised Statutes of Arizona, 1913.
The state land commission is not
charged with the duty of making pro-
tests against or resisting land en-
tries of the public domain under the
laws of the United States.
The State of Arizona is not con-
cerned in any of these selections,
except to the extent that it should
encourage the passing of the title
to lands of he public domain to pri-
vate ownership, in order that they
may be developed.
ANY payment out of the state
funds of the expense of the protest
4I,oi- Of ~
againsts the approval of the
Moqui and Navajo selections is
without warrant or authority of law.
If any payments have already been
made ut of the public funds on this
account, three times the amount
thereof may be recovered from the
officer of the state who ISSUED the
warrant authorizing the payment
and also from the party or parties
receiving any such payment, under
Section 229 of the Revised Statutes
of Arizona, 1913. 1t is provided in
this law that the sureties of the of
liable for three times the amount of
any unauthorized payments made
out of the public funds. Suits to
recover these amounts should be in
in the name of the state.
Under Section 231 of the Re-
vised Statutes of Arizona, 1913, the
attorney general is authorized and
it is made his duty to institute in
the name of the state, suits to re
cover three times the amount of an
unauthorized payments made OF
public funds against the officers au-
thorizing the payment, parties re-
ceiving the warrants or against the
party receiving the money.
by section 232, Revised Statutes
1913, it is provided that if the at
torney general shall, twenty days
after request of any taxpayer of the
state, in writing, so to do, fail to
institute such suit, then any tax
payer of the state may institute such
suit in his or her own name with
the same effect as if such suit had
been brought by authority of the
attorney general.
IF payments have been made out
of the funds of the state on account
Of this protest against the Moqui and |
Navajo selections made by settlers
Of the state, three times the amount |
Of any such payments may be re-
covered from the officer of the state
who issued the warrants, from the |
parties who received the money
thereon. The amounts may also be |
recovered from the surety upon any |
of the official bonds of the officers
who participated in the payments