Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1919-10-30
FRIENDLY BONE
SUITS SUBMITTED
To SUPREME COURT

The two friendly cases brought by
r. Bone against the board of super
visors and the county highway com
mission to determine the power of the
supervisors to engage in the business
of producing and furnishing road
building material at cost to the high
way commission was argued before
the supreme court yesterday by Judge
Sloan, for the plaintiff and by County
Attorney Laney for the defendant.
The advantages of such an arrange
ment as is contemplated by the county
and the commission were pointed out,
but there was a paucity of law on the
subject. Both attorneys stated that
though they had searched diligently,
they had been unable to find a prece-
dent against the exercise of such a
proposed power by the county authori-
ties.
These cases were brought in Judge
Lyman's court recently and his de-
eision sustained the contentious of
the defendants An appeal was taken
and its progress was expedited in
order that a final decision might be
arrived at the earliest moment.
Commission or County
There was from the beginning a
wish that the material question might
he handled by either the commission
or the county. 1t was plain that the
commission could not use any part OF
the funds at its disposal in the &C
quirement Of the necessary plants 70,
furnishing rock and gravel and ce-
ment 1t was doubtful for a time
whether the county had that power;
so doubtful in fact, that the propose
That the plant of the Arizona Portland
Cement company might be taken ovel
by the Water Users association.
That proposition from the outse
was so favorably received by watel
users that no doubt if the question
had been submitted it would have car
ried in spite of bitter opposition to :
within the board. But before the gov
srnors finally could be brought t
submit the question to the waite
users. arrangement had been made t,
Test the power Of the county to engag
In the production of road building ma
terial. Several lawyers of undoubte,
learning had expressed a belief tina
The supervisors had that power
Thereafter no interest was taken i
The question that had been submitte
10 the water users.
past two months has advertised an
readvertised for bids for the cemen
and crushed rock. sand and grave
needed for the construction of tn
county highways. The first advertise
ment for gravel, crushed rock an
sand failed to produce any proposal
md the readvertising secured only on
proposal and that for a figure too hig
% merit consideration. The expert
snce in the two efforts to secure ce
nent resulted in lack of competitio
and proposals exceedingly high.
The commission, having exhauste
It's means of securing crude material
1t moderate costs, found that in orde
10 pave the roads provided for in til
bond vote it would have to build theI
Tor what the convention considers
reasonable cost per mile, and in orde
o do this would have to provide III
materials at low costs. BY this mean
i found IL possible TO make a goo
showing to construct the mileae
contemplated. In undertaking to pre-
luce these materials it was foun
necessary to have the legal rights
he board of supervisors and highwa
commission defined by the courts. an
.hese suits were carried through II
superior court and thence to the stat
iupreme court.
It is to be hoped that decision of Il
supreme court may confirm the intel
pretations Of the lower court and Ell
able the commission to proceed at ont
10 provide for producing the materia
needed.