Bisbee daily review., 1915-07-04
SUPERVISORS HAVE NO AUTHORITY TO FIX
 COUNTY SALARIES
Supreme Court Decides in Phil lips Case that Authority to Name StipendS is Vested in Legislature.


 PHOENIX, July 3.-No board of supervisors has authority to fix the salary of any county officer. That authority is vested entirely in the leg islature.
 This is the outstanding Ieature of the decision Of the supreme court in the case of D. D. Phillips versus the county of Graham. The decision Of the Graham county superior court reversed and the cause remanded.
 Phillips was the treasurer of Graham county in 1912, 1913 and 1914 At
 time he took office Graham was a county of the third class and the treas urer's salary was S1,5O0 per year. In September 1912, the assessed val nation of Graham county passed the S3 ,000 900 mark and the county au- tomatically entered the first class. At the time the salary of the treasurer in a first class county was $2,000 a year. In 1913 the assessed valuation rose to more than S3,000,000 and the treasurer's salary, it was claimed, was automatically advanced to S2,4O0 1 The supervisors refused to pay Phil ] lips more than $1 1,500 a year. He ac- cepted $125 a month but took the mat ter to the superior court. Contention
 was raised that when Phillips was given SIPS a month the county's en- ] tire obligation was cancelled, that if he did not care to serve for that sala- ry he should have accepted nothing at all The lower court allowed $150 additional to Phillips but the supreme court decided he was entitled to the
 full salary allowed him by law
 | The superior court of Cochise coun. ty was reversed in the case of Mary
 NJ. O'Brien versus the Bank of Doug
 las as administrator of the estate of
 John McLevy. This case goes back
 several years. McLevy delivered tC
 Dr. O. o. Hammill of Douglas, an en
 savings deposit slips and other collat teral Dr. Hammill was asked to de liver the envelope in case of Me Levy's death to Mrs O'Brien, whC lived iH Kansas City. McLevy sait that he owed Mrs O'Brien $6,OOO. Me Levy died and Dr. Hammill delivered the envelope The bank, as adminis trator, brought suit to replevin tho money, claiming that it belonged tI the estate and that the trus. of Dr Hammill ended when NcLevy d.ed The love- court upheld this view bU . the supreme court decided that Mrs O'Brien was entitled 10 the money A final decision has been hande, down by ;he supreme court in the cas, of J. W. Bonnie versus the Becker ! Franz company It is favor ibls r Pennie, the G-eenlee county supcrio rourt bcHE reversed. Benn @ enter 5 cd lnto a deal tc purchase certain min g ing property from the Bec6ar-Fau and when Bonnie rendered the pun q cahse price a deed was refused on tn s ground that he had not compiled wit T the terms of his contract The sJ I preme court holds that Bonnie own 5 51 per cent of the property and tha title to 49 per cent remains with tn q Becker-Franz company
 w. H Bartlett, of Glendale did no
 want to pay special road distric taxe q though he had property within spec < ial road district No. 9. He contende ! that an act of the legislature had di.
 solved the district and that taxe
 could no longer be collected to di.
 charge the indebtedness that had bee
 incurred while the district was in e'
 istence. The decision of the Marie, 4 pa county superior court was agains f him. and that decision has now bee
 upheld by the supreme court.
 The superior court of Cochise coul
 ty was affirmed in the case of tn f Peoples National Bank versus Georg
 Taylor a suit on a note for s2,OOO.