Arizona republican., 1919-11-14
COURT DECISION
ASSURES QUICK
HIGHWAY WORK
County Highway Officers
May Now Proceed To-
ward Contracts on Bond
Issue-T. Bone Action

Quick action on the county high
way improvement projects. for which
the sum of S4,000,000 recently was
made available as the result of a high
way bond election here, is in sight
today, following two important deci
sions handed down yesterday by the
supreme court The commission an
nounced that it would meet at COM
mission headquarters this morning to
decide what action it would take.
The decisions have to do with
question concerning the commissions
power to enter into contract with the
county supervisors, and with a guess
ton concerning the commissions pow
er to contract for supplies of crushed
rock, sand and cement. T. Bone, as a
taxpayer, instituted as a friendly ac-
ton the court proceeding which re-
suited in the two decisions yesterday.
The suit was deemed advisable for the
purpose Of determining the legality of
certain procedures which the commits
sion had in view, rather than to risk
resultant suits that might be brought
by outside bidders.
Busy On Proposal
Pending a decision of the suits the
commission has busted itself with en-
cheering work in connection with the
proposed improvement Of 27S miles of
county highways, as provided for in
the s4.000,O00 bond issue Now that
the decisions are made. the commr-
sion announces, definite action of some
sort will be decided upon at once.
1t is said at the capitol that the
supreme court established a record
and a precedent at the same time, in
the making OF the two decisions, TAX
ing the cases in hand on Oct. 20 with
a. mass of other work ahead, and find
ing no precedent anywhere to cover
the situation. Justice r. Ross, with
the unanimous concurrence of the
court, decided the issues.
II was planned by the highway
commission to advertise for bids for
the purchase of a rock crushing out
fit and to secure its rock, cement and
sand by special contracts independent
of contemplated contracts for high
way construction work, the plans in
Guiding an arrangement with the coun>
ty supervisors whereby the board
would enter a bid based on cost with
out profit, and thereby win out against
all other bidders. The object of this
procedure, as stated by the commits
sion. was to secure cement and other
supplies at a lower price than could
be secured in any other way.
In summing up his opinion Judge
Ross expresses regret for the necessity
of disturbing the commissions plans
for saving the taxpayers money. He
| says in part:
From Courts Opinion
1T may be that the county will suffer
great financial loss because the high
way commission and the board cannot
- ~ Il
thought and investigation, by men con-
fessedly actuated by the highest and
! best motives, and for the sole good
! of the county. However, that may be
we must all yield to the law as drawn
and enacted by the legislature. If the
law needs to be changed in the inter-
est of economy and efficiency, the
body to do that is the legislature and
not the courts. The fact that the
scheme for road construction sub
mitted by the agents to the county, is
or may be a money saver to the coun.
| ty and a better scheme than the one
provided for by the legislature, will
not justify its adoption by such agents
and much less by the court-whose
/ duty it is to construe the laws and not
10 make them-by its solemn judg-
ment, sanction such a sourse.
Some weeks ago. before the election
of the Water Users association on the
proposition to take over the plant OF
the Arizona Portland Cement company
or to install a new plant was held, but
after it had been decided that it was
not desirable that the Water Users
should engage in the cement manu-
featuring business, the county took ar
| option on the plant of the Portland
| Cement cOmDanV That was in an.
ticipation of this litigation. The op.
ton expired last Saturday, but wa;
4 renewed to hold pending the decision