Bisbee daily review., 1918-02-21
ARIZONA TOWN IN
 MIXUP BECAUSE OF
 DISINC0RP0RATIOk
Supreme Court Declares Mi ami Township Out of Exis- tence and Three-way Mud dle Follows Decision.

GLOBE, Feb. 2O-The town ot Miami today found itself in a political. civic and financial muddle as a re- suit Of a decision of the supreme court disincorporating the town. In the case of J. D. Kenney. one time receiver for the town. versus the Bank of Miami. appellee, the states highest court held valid the resolution of the Gila county supervisors .disincorpor- atng the town. reversed the judgment of the lower court and ordered the case remanded for a new trial. The resolution of the supervisors was passed on February s. 1916. at which time they named Kenney to wind up the affairs Of the town. Al the time there was on. deposit in me bank of Miami to the credit of the town about $lSOO. The bank was notified by NIT. Kennedy that he ha1 been appointed trustee of the town and that the money should be paid to him. The finance committee Sf the late town also notified the bank that this money should not be pald out expect upon order of the town: the town officials refusing to recOg- nize the order of the board Of super Tisors disincorporating the town. The bank of. Miami filed a suit of inter pleader in the superior court of Gila county, and made J. D. Kenney, trus- tee. and the town of Miami defendants. for the purpose of determining the ownership of the money on deposit with it.
 The case came on regularly 10 De heard in the superior court of Gila county before Judge A. c. McAllis.er of Graham county. sitting in place of the judge of the superior court O. Gila county.
 Various matters of pleading were presented to the judge and passed upon by him, including the order ot the board of supervisors disincor- porating the town Both parties then announced that they had no evidenre to offer, but would submit the case upon the pleadings, which was done. Thereupon the judge decided that the bank of Miami pay to the town the sum on deposit with it. and adjudged That the town of Miami to be an existing and lawful municipality
 J. D. Kenny then appealed to the supreme court and the decision of the court today reversing the superior court. sustains the contention of MT. Kenney.
 During the litigation the opponents of Miami's disincorporation organized a local political party and elected a mayor and town officers. Most Of these served without pay for a while VI h1rn they applied on office rent, salaries, etc. Many residents refused to pay town taxes during the litigation until such time as the high court should fix Miami's status. Consequently, Tn the neighborhood. of $50.O0O has not been paid the town that would other wise have gone into it's treasury. Banking securely on the court re iecting the supervisors resolution ol disincorporating the town. officials also bought on credit a complete new set of apparatus for fire fighting When this bill was not paid. the tire engine company threatened suit ana last week the town ordered the war rants drawn. although the treasury was empty, in this way hoping to stave off the litigation The disil- corporation of the town means, ac- eording to the town attorneys, that the city marshal and tax collector the chief of police and his force. the town clerk. the council and the mayor have no official stants. Moreover there are approximately five hun ired suits that automatically race these officers for a refund of the taxes that have paid Miamrs eX' penses since February s, 1916.