Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-05-20

Z
of Supervisor Harry w. Heap
Clerk John H. Robinson, anC
County Attorney P. w. O'Sullivar
stands out most prominently. Thi'
trio has worked indefatigably, frs
to have the election called, anC
second to have the Supreme Cour
rule definitely upon the question:
involved.
AT about the time, the petition:
were presented to the Board. d
Supervisors, an argument was sub.
mitted by a local attorney to the
effect that the State statutes die
not give Boards of Supervisors au-
thority to issue bonds for public
improvements or buildings. Much
weight was given the argument by
a perusal of the statutes which APP
parently substantiated the conten-
ton that no specific provision
were made for such bond issues.
The Chamber of Commerce was
at sea. The Board of Supervisors
was in the air. Finally matter;
were brought to a head when Sup
ervisor Heap with his character
istic punch" introduced and car
ried a resolution setting the date
for the special election for March
10th.
The dust raised by the conten-
ton that such an election would
be invalid and of no use in deter
mining sentiment on the new court
house project. did not settle. how
ever. Through, Attorney John J.
Hawkins, a taxpayer, test suit
was brought to determine the ex-
act power vested in the Board OF
Supervisors to issue these bonds.
The expense OF the suit was
borne by the Chaqlber of Commerce
while Attorney H. H. Linney took
up tn. legal work. The initial Skin
mish fought before Judge Frank o.
Smith in the Superior Court re-
srlted in a victory for Mr.. Haw-
kins and the election was enjoined.
Then followed a period of dor
NANCY. For several months, the
Board of Supervisors took no &C
ton except to postpone indefinite
ly the election. No one appeared
over-anxious to go any farther.
Then finally one night. a session
Of the Chamber of Commerce was
stirred to action by taxpayer who
wanted to know what had become
of the boom for a new court house.
The matter was renewed. County
Attorney P. w. O'Suilivan's con-
slant expression that he wanted to
see the case appealed, was finally
needed and the Board of Supervis-
ors, after forcible presentation OF
the case by Mr.. Heap. voted to ap-
peal to the Supreme Court with a
view of procuring final ruling.
This done. briefs were filed by
both the County Attorneys Office
and Mr.. Linncy and a date was set
for the hearing. From every point
of the State, eyes eagerly watched
the local proceedings. Upon the
ruling in the local case. hinged the
fate of improvements planned in
many other counties of the State.
General Billiard favored
the appeal, and he, personally as
ISOLATED himself with Mr.. O'Sulli-
van in presenting the county's side
when the case was argued before
the Supreme Court two weeks ago.
Upon his return to this city from
Phoenix, Mr.. O'Sullivan expressed
that the ruling of the
lower court would be reversed and
that the path would be cleared for
an election and new court house.
HIS confidence appeared to Undue
friends and associates with the
same feeling. Nevertheless, the
news received last night proved as
pleasant to him as to all others.
The case will probably go down
Is one of the most important test
lotions ever brought in the history
IF the Arizona courts. Locally. the
,ase is all the more noteworthy /
BECAUSE it was virtually resurrect-
ID from the ash-can. brought back
o life and has paved the way for
IN Improvement which is not only
recognized as desirable but abso-
utely necessary.