The Arizona copper camp., 1916-06-30
MoRENcI WATER RATES

PHOENIX, Ariz., June 29.-Order to
the Morenci Water Company of Nor
enci compelling it to charge domestic
and business rates to all commercial
consumers, and to reduce it's domestic
rates has been issued by Arizona
corporation commission. ocepS
of the company's ra*ff@1cq1,Sr cq1,rsoa =, . -
ously uphold such statutes and un-
hesitatingly declare such contracts to
, be absolutely void.
In Sec. 173, Arizona has an express
prohibitory statute covering every sub
division of state and county with the
single exception of a district and the
courts should give wholesome effect
to such statute and interpret and ap-
ply it in the spirit in which it was
evidently intended by the legislature.
The legislature undoubtedly meant to
include every public officer in the
state when the statute was drafted.
This is shown by it's general purport
! and tenor.
aside, however, from this statute
which specifically applying to all other
public officers has great force in as
contract, and even if no such provision
appeared in our code, such a contract
should be held contrary to. public
policy and void
Hence, as to the third question pre-
sented herein, such a contract, if there
was one, between counsel and the
board, was contrary to public policy
and void.
TT is clear therefore that neither
Conmy nor the firm of O'Connor &
Conmy can be paid by the board for
any legal services performed in the
capacity of an attorney or attorneys
for the board; neither could he nor the
firm receive any commission for the
sale of the said bonds from the Board
of Education, and the contract entered
into, if there was one, being contrary
to public policy and void neither he
nor the firm could recover Hereunder.
"This brings us to consideration of
the question whether or not Conmy, or
/ the firm of O'Connoc g. Conmy could
recover from the board upon a quantum
meruit for the re lsonable value Of any
clerical services performed for the dis
tricr in connection with the said bond
issue.
"At the hearing in November, Mr..
O'Connor, Mr.. Conmys partner at that
time and during the time the alleged
services were rendered, stated explicitly
to the court in the course of his argu-
ment that, with the exception Of the
trip to Mesa, the claim was presented
! for legal services rendered as attor-
neys' and vigorously contended that
the board had a right to employ outside
counsel, and to pay for services rem
dered by such outside counsel Later
on during the argument Mr.. Conmy
stated in answer to a direct question
put to him by the court, that the item
Of $1550.70 in the Bill of Particulars
was for commissions for the handling
and sale of the said bonds pursuant to
an agreement therefor with the board.
And when his attention was called to
the word services used in connection
with said item, and we inquired if any
! clerical services were included therein,
Mr.. Conmy replied that it included
clerical services if any were rendered.
"The Bill Of Particulars filed by the,
plaintiff shows the same to be upon
an open account statement Of the firm
of O'Connor & Conmy, attorneys at
law, directed to Union High Cchool
District No. l and for services rem
dered as follows:
! To commission and services in
re bond issue 2 per cent COM
mission on $77,535. .$1550.70
To services in re election on
school site ................. 10000
To services drafting six teach
er's contracts .............. 500
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