The Coconino sun. (Flagstaff, Ariz.) 1898-1978, 1915-09-10
JUDGE DOE REPLIES TO
THE Town COUNCIL

of the Town of Flagstaff,
Flagstaff, Arizona.
l am informed that you recently
adopted the following resolution:
"Moved and carried that the Coun-
Gil dispense with the services of the
Town Attorneys, Messrs. Doe and
Jones'"
By this action, you obviously in
tended to cast reflection upon either
the capacity, or integrity, of Mr..
Jones and myself, which think en-
tirely uncalled for, and unwarranted
by any official act of either omission,
or commission, upon the part of Mr..
Jones, or myself.
am not authorized to speak on
behalf of Mr.. Jones, and shall, there
fore, in this communication only refer
to him, in so far as may be incident
ally necessary.
During the time that l have acted
as Town Attroney but few matters of
Importance, requiring legal advice, or
service have arisen, the only ones |
recall being:
1st. The settlement of the case of
the Town against the Railroad Com
pany, involving the waterworks,
which, after numerous consultations
between the officers and attorneys of
the Company, upon the one part, and
yourselves and myself upon the other,
involving the consideration of numer
Gus propositions, and counter-propo-
sitions, was finally adjusted to the en-
tire satisfaction of yourselves and the
community.
End The |. w. W. situation, in con-
nection with which | prepared and
YOU enacted two Ordinances, the en-
forcement of which largely contrib
uted to the satisfactory termination
of the trouble.
3rd. The quieting of title to the old
reservoir site.
4th. The case of Mrs. McMillon
against the Town, in which judgment
was rendered in favor of the Town,
upon my motion at the close of plain
tiff's case.
In view of the results, | assume
that my services in connection with
the foregoing matters must have been
satisfactory to you, as well as the
community, and that in the passage
of the above resolution you intended
a criticism of my action, or lack of
action. in connection with contemplat-
ed street improvements, as is indlca-
ed bv the following resolution, which,
in your minutes, Immediately precedes
the one to which have referred:
"Moved and carried, that it being
the sense of the Council of the Town
of Flagstaff that they dispense with
paving matters for the present, ac-
count of the proceedings being ire
gular."
Some of you, as individuals, pre-
sumablv acting for the Council, re-
ouested me to prepare the necessar!
resolutions and advise as to the other
proceedings preliminary to letting
contracts for the work and issuing
bonds which should be lien upon the
property of abutting owners. l ad-
vised YOU that several laws had been
enacted by the last legislature affect
ing the matter, which were as yet un-
published, and suggested that copies
of those be secured, and upon the ar
rival of same | commenced the con-
sideration thereof in connection with
the Improvement Act of 1912, l found
a number of doubtful matters OF pro
ceedure, which required briefing and
careful consideration. While engaged
in this work, you advised me haste
was of the utmost importance, in Or
der that the proposed improvements
might be completed before cold
weather. and that the resolutions of
intent must be ready for publication
in that weeks issue Of the Coconino
Sun. | was unable to comply with
your request because of the many
doubtful matters, to which was CIV
ing consideration, and because OF my
knowledge of the technical exactness
demanded in proceedings of this char
acter. 1t is not enough in such pro-
cedings that no vital, or jurisdiction
al, error be committed, but it is es-
sential that there should be no ire
gularities in the procedure, for usual
ly responsible people would not enter
into a contract of the character con-
templated without competent legal
advice as to the validity of the pro-
posed bond issue. In passing upon
the bonds counsel do not approve the
;.e,,o e;poply hacause the same would