The Coconino sun., 1915-08-27
MINUTES, AUG. 20, 1915

the Common Council of the town of
Flagstaff, met in the town hall, Mon
day, August 23rd, 1915, at 1880 p. m.
Present: Mayor Francis, Council
men Rabbit, Beeson, Finley and
Prochnow. .. -
This meeting was called relative to
the sidewalk and street paving con-
tracts, etc. The following commune
cations were presented and read:
Los Angeles, Calf, Aug. 21, 1918
"Mr. A. J. Ortseifen,
Secy.-Treas., Leyden-Ortseifen Co.,
Los Angeles, California.
Dear SIR
You have employed US to examine
the proceedings taken by the Common
Council of the town Of Flagstaff, Ari-
IONA, for the purpose of accomplish
ing the work of paving Railroad ave-
nue. and other streets in said town in
what is known and referred to in said
proceedings as District No. /.
These proceedings were taken by
the Council under the Arizona statutes
found in Sections 1858, ct. seq, of the
Civil Code of that state.
Under this statute the first step to
be taken in the adoption of a resolu
ton of intention to make the improve
ment. Such resolution was adopted
on May 8, 1915, and appears to be in
due form; six members of the Coun-
Gil, including the Mayor being present.
The laws of Arizona under which
Flagstaff as a municipality exists, re-
quires that there shall be seven coun-
cilmen and provides that a vacancy
shall be filled by appointment by the
Council itself. 1t appears that in May
1914, seven Councilmen were elected;
that within a month one of these re-
signed; that this vacancy has never
been filled The question therefore
arises whether or not the municipality
can proceed to perform it's functions
with six councilmen only. The validity
of the proceedings under these cir
cumstances is matter of doubt. How
ever, waving the doubt for the pur-
pose Of this communication, we take
up the next step required to be taken
under the statute governing these pro-
ceedings.
The next thing to be done as pro-
vided by the statute after the passage
of the resolution of intention is post
ing and publishing notice thereof.
In the matter of posting the law
seems to have been complied with.
The law provides that publication
shall be for ten times in a daily news
paper published in the town, if one
there be, and if not, then for the same
number of times in a weekly newspa-
per. When the resolution of intention
was passed only one newspaper was
Ccoonino Sun, weekly; and the re-
solution of intention expressly pro-
vided that publication of the notice
thereof should be published ten times
in the Coconino Sun. 1t appears in
the records of the Council proceedings
that on May 10, 1915, at meeting
purporting to be called by the Mayor,
five members including himself being
present, motion was passed that the
town "have a resolution of intention
for paving of District No. One. .....
published in a daily paper, common
cling as soon as possible, this account
of limit of time said work can be
DONE" 1t is extremely doubtful if the
Council possessed the power to modify
the resolution of intention therefore
passed by motion of this sort.
But a more serious difficulty imme-
diately presents itself. On the 18th
day of May, 1914, notice of the pas
sage of the resolution of intention (of
May 3rd) was published in a newspa-
per called the Daily Coconino Sum-
The same was published in the same
named paper for each of nine days
Immediately thereafter, making to.
tai of ten daily publications. 1t is q
fact known to all persons that the
publishers of the Coconino Sun ISSUED
for said ten days the said paper called
the Daily Coconino Sum-" and it is
it is likewise so known that the pur.
pose Of the issuing of said paper fol
said ten days was an attempt to take
advantage of the statute permitting
the publication of said resolutions Of
intention in daily newspaper for the
very purpose of gaining time, or az
stated in the motion passed at the
meeting of the Council on May 10th
it was account of limit of time sale
work can be DONE" We entertain NJ
doubt that it was the intention of tn,
Legislature in enacting the law undel
which these proceedings were initiated