Weekly journal-miner., 1920-10-13
BOND SALE STOPPED
 BY SUIT
(From Wednesdays Daily)

(From Wednesdays Daily)
 The first step to test the legality of two agreements affecting the sale
 of the first Yavapai county highway
 bonds and the disposition of the money to be raised under that issue, was taken yesterday in suit to pre- vent the board of supervisors and
 the highway commission from pro- ceeding
 James s. Douglas, principal owner of the United Verde Extension Min ing company and a heavy taxpayer and John H. Robinson, clerk of the city of Prescott, appear as petition CTS in an action for an injunction to restrain the biard and the com mission and all members thereof and Clerk R. E. Donovan (acting for both boards) from delivering the bonds to the buyers for par and accrued interest, less $45,OOO com mission to be paid out of the general fund and to prevent the commission from employing Olmsted and Gill clen as consulting engineers at fee of $1O5,OOO.
 Hearing on an order to show cause why an injunction should not issue will be held Monday, October II, according to an order signed by Judge Sweeney, granting tempor- ary restraining order.
 Although counsel for the plaintiffs intimate that the suit is a friendly one, designed merely to adjudicate the proposition and clear the way of any possible future legal entangle- ments the complaint itself contains references to unlawful acts'', ''pur- pose to avoid the law, "great ex- pense and detriment to the county" aad "irreparable damage"
 It is implied in the complaint that the board and commission, acting separately, in effect granted the bond buyers through the engineers, an et- fectual 10 per cent discount on the bonds. The state laws prevent the sale of bonds for less than par and accrued interest, hence the legal basis for the complaint.
 There is general interest in inc movement. as 1t is freely said that the outcome will have major effect of the electon of the next board ot supervisors. Opinion seems divided as to the merit of the transactions and of the attempt on the part Of tne two plaintiffs to act at this time It is conceded generally, however, that if is to the best interests ot ths county to have a judicial opinion CT the legality Of the two contracts bel fore money changes hands or work is done. In many similar cases, the litigation has been delayed until ar ter work has been started on the roads thus confusing issues and ln some cases. delaying payments ana inconveniencing everybody in inter est.
 The complaint recites the tran actions between the board and ,i,vers and the commission and en- pineers and then prays for an in- function an a decision O fthe court declaring the two contracts null ana .o;d The interests of the plaintiffs are joined in the allegations with ibose of every other taxpayer
 IO,CuIIivan and Morgan represent Inc nIaintifs and, it is understood i he county attorneys office will act ii behalf of the board and co;A- mission. ,.4 is i, undertaking on injunction, where n the plaintiffs and their sureties' Homer R. Wood and William Law er set forth that they are respon- ;ibIe persons and engaging t2 put up ,R5OO bond to repay the defendants 6 case the injunction suit IS ad- udred without merit and damages he other parties to the case.
 A significant allegation of the complaint is that there was an -un- awful concert" between the board nd commission to sell the bonds at ess than par and accrued interest.