Arizona republican., 1921-01-22
DUNBAR ORDERS ROAD BOND SUIT
 DISMISSED IN THE ILLINOISCOURT I
Instructions To Attorneys Withdraw Legal Obstruc- tions To $3,000,000 Of First Maricopa c ounty y Highway Bond Issue

Declaring that since a majority or tho voters interested as shown by the election held December 21 favor the issuance of road bonds by Maricopa county to carry out it's full road pro- gram. he no longer desires to stand in the way of permitting the majority of tho people to carry out their expressed will. John O. Dunbar through his counsel F. c. Struckmeyer. has written letter under date of January 1f, 1921, asking his attorneys. Robbins, Townley and Wild of Chicago. to dismiss the suit brought last summer to have the 34.00O. 900 issue of bonds declared illegal. Mir Dunbar asks the Chicago attorneys Co apply at once to the Appellate court of Illinois, First dis trict for the dismissal of the appeal now pending in that court on the suit without cost to either party.
 The suit in Chicago was begun last summer by Mir Dunbar to obtain an injunction to stop the payment of the money for the bonds to this county on the grounds that the election which authorized the issue of the bonds was invalid The lower court in Illinois, after a hearing of the suit. refused to issue the injunction on the grounds that the action properly was confined to Maricopa county and dismissed the suit. Mir Dunbar immediately ap-
 
 set for next fall
 May Present Request Today
 Since the filing of the appeal the purchasers of the bonds have refused to pav the county the s3,000,000 still due on the original issue of S4.000,0 because of the litigation although nc injunction had been issued restraining them from making the payments R. E T.. Shepherd county attorney and Attorney George Purdy Bullard left Phoenix last Saturday for Chicago 10 enter a motion in the Appellate court of Illinois asking that the hear ing of the appeal be advanced to ar earlier date.
 F. c. Struokmeyer, attorney for Mir Dunbar, said that the Chicago attor- neys would at once present the re- quest of MT. Dunbar for the dismissa of the suit to the appellate court upor receipt of the letter from Mir. Dunbar and the instructions from himself iT regard to the matter. The dismissal oi the suit. Mir Strucl<meyer said. would remove any and all objections that the bond buyers might have for with holding the payment of the money due on the bonds.
 The letter written by Mir Dunbar i: as follows
 Letter Ordering Dismissal
 Phoenix. Ariz.. Jan. IT. 1921. Robbins. Townley & Wild.
 Attorneys-at-Law,
 POS La Sale Street,
 Chicago, H.
 Gentlemen.
 have given to r. c. Struckmeye my attorney here. directions to caus 10 be dismissed the action now pendin in tlfe appellate court of Illinois. tirs district, brought by me against th .~a ,fI, rstf f. fin said action named, for the purpos of seeking to restrain the delivery certain bonds issued by the county Maricopa. and also seeking to have certain bond issue of the county AIaricopa declared illegal. l requei you. as my solicitors of record on sa appeal. to forthwith apply to the al pellate court for a dismissal of sa appeal without, costs to either part While. of course, this request on n part is sufficient warrant for your a tion, desire to make plain to you II reasons for now desiring such di missal
 The bond issue which l sought have declared illegal was voted at special election held for that purpo in the county of Maricopa; but lit notice was given to the people of tE intended election, and as result attracted but little public attentlC The interest manifested at such ele tion is evidenced by the fact that or approximately 16 per cent of t qualified electors voted at the ele tion I did not deem it for the bt interest of the county of Maricopa tf so large an expenditure of mon should be made after so little delibe ation. Moreover, I did not deem for the best interest of the county NIaricopa to contract for the constru ton of roads on a large scale prices and costs of material and lal which I then deemed to be at zenith. and the conditions as broue about in the last three months ha Justified my then existing belief in future
 However. since that time. and sir this action by me was brought, 1t V found that the four million doll originally planned for the road e struction. and which ] sought to validate. would prove insufftcie that approximate nine million doll would be needed. and, therefore 1t ' proposed by the highway commiss of the county of Maricopa to call { other election for an additional f and one- half million dollars. and board of supervisors of the cou called such election to be held on ! 90. last. . The purpose and intent
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