Arizona republican., 1920-12-08

auditor To allow the claims of these counties according 70 the complaint sbut he refuses to do so because, he aI- leges, there is no act authorizing him to pay the claims.
 The complaint asks that a writ of mandate be issued out of the superior court commanding the defendants and their successors in office to allow and approve the claims of the counties and give them credit upon the/ state DOCKS for the accrued interest paid by these counties on the bonds as follows: Pima county, S204.12455; Yavapai $2'O,- S3S.7S; Coconino, $175,232.62 and Mari copa, s326,217.SO. The complaint fur ther asks that the defendants be com manded, after paying the current inter | est on the bonds from the land fund now in the treasury, to apportion the ! remaining amount to each of the coun- | ties as follows: Pima, 209 per cent; | Yavapai, 27.74 per cent; Coconino, l1.So per cent. and Maricopa, 33.41 per cent Ask That Full Refund Be Made The complaint asks the defendants be commanded to apportion all funds that may accumulate from the sale and rent of the lands in the future in ex- cess of the next annual interest pay ment to the counties in the above pro- portion until all accrued interest claims are paid off. It asks that they be com manded. after the payment of the ac- crued interest claims, to pay Yavapa county S27 GOO for money paid out b1 this county in the redemption of som' of the bonds issued by il. After com
 pleting all or the above payments, th' complaint asks that the defendants b' commanded to pay the amount of th'
 bonds in full as follows: Maricop; ] county, s2O9,5 ,550; Yavapai county, SPAS, 26S.71; Coconino county, $101,16729 ] and Pima county, s319,79123.
 The complaint was filed by L. M , Laney, county attorney of Maricop' county, and c. B. Wilson of Flagstaff special attorney for the counties. 2 was signed by Kfrke T. Moore, count, attorney, and E. B. Frawley, deput ) county attorney of Pima county; Ne C. Clark, county attorney, and E. 3 Clark, deputy county attorney of Yava lpai county: F. M. Gold, county attor : ney, and George ". Harbin. deput - county attorney of Coconino count. r and MrsLaney and MT. Wilson.
 Q According to the complaint the bond : were issued by the counties under a e act, No. 35, of the twelfth legislatiy . assembly, territory of Arizona, in 1S8 i entitled "An act to promote the cor | struction of certain railroad" Pin county, under the act, was require to issue $200, 900 in bonds, Yavap
 county to issue $292,000, and MaricoT county to issue S200, 900. In 1891, Coco nino formerly a part of Yavapai, b.
 came a county and the boards of sl | pervisors of these counties then al
 portioned the bond issue, one-third | Coconino and the remainder to Yavap
 county. In the validation of the bon
 by congress, the accrued interest
 that time was added to the bono
 which increased the original issue
 the present amounts asked for by ca
 county as the bond issue.
 Section 25 of the act enabling Arizol
 to become a state added clause tn | after the land had been sold and t
 bond issue refunded to the four cou
 ties, the remainder of the land flu
 was to go to the common school flu
 of the state. The county attorneys
 each county interested and Mir. Wills met in Prescott on June q and decid
 to file mandamus proceedings. T
 state school board at that time refus
 to enter the suit.