The Coconino sun., 1915-10-01

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
q criticism Of my action, or lack of
action, in connection with contemplat-
cd street improvements, as is indicat-
ed by 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-
sumably acting for the Council. re-
quested me to prepare the necessary
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. ] adj
vised you that several laws had been
enacted by the last legislature affect
ing the matter, which were as yet I'M
published, and suggested that 'opies
of these be secured, and upon the ar
rival of same / commenced the con-
sideration thereof in connection with
the Improvement Act of 1912, ] found
a number of doubtful matters of pro-
ceedure, which required briefng 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-
ceedings 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 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
issue simply because the same would
not be valid. If there are q number
of irregularities in the procedure, no
one of which would pobably render
the issue illegal, they bear in mind
that such irregularities might be
made the basis of litigation, and they
therefore, advise against the accept
ance of the bonds, as investors in such
securities do not care to take the
chance of buying lawsuit in connec-
ton with their investment. Probably
no form Of securities receive such
rigid investigation as municipal bonds
of this character.
Bearing these matters in mind, to-
gether with the serious responsibility
devolving upon the counsel respons-
ible for the regularity of the proceed
ure, and the severe criticism which
would follow and errors in the pro-
cedure, for which he was responsible.
/ advised you that l could not proceed
as desired, but would require ample
time, perhaps extending through two
or three weeks, or more. This was
evidently unsatisfactory to you, as
upon the following day was asked if
/ had any objections to the appoint
ment of Mr.. Charles Jones, as ASST
slant Town Attorney, to which l re-
piled | had not. Mr.. Jones received
the appointment, and proceeded very
theoretically to take the desired ac-
ton. AS Mr.. Jones did not consult
with me concerning any of the steps
he was taking, / assumed that you
had taken the matter out of my hands
and committed it solely to the charge
Of Mr.. Jones. Under the circum-
stances, considered rendering my re-
signation as Town Attorney, and was
only prevented from so doing, by
reason of the tendency of an appeal
in the case of Mrs. Mcmillan against
the Town, and while l felt then, as
now, that there was no possible chance
for such an appeal to be successful.
/ desired to remain in charge of the
case, partly as a matter of personal
pride, and partly in the interest Of
the taxpayers Of the Town, expecting
that a motion which l intended pre-
pairing and filing, based upon tech
nicaI oro,,nde would causa tho Su-