Arizona republican., 1922-06-10
NEW. ARM0RY
BONDS FAIL
|OTHER PLANS
SUGGESTED
Supreme Court Reverses
Ruling By Judge STAN
ford Which For Time
Pre- We n t e d Injunction
Against Issuance Of
Bonds; Civic Aid Sug-
gested

The armory project for Phoenix is
dead because of invalid bonds.
The Arizona supreme court, in an
opinion handed down yesterday, in
the friendly suit brought by Col.
James II. McClihtock against the
city of Phoenix to test the validity
of $4,000 bond issue for the con-
struction of the armory, Jointly with
the state, put the skids to the plans
for the building by holding that the
bonds were invalid, and that the city
had no authority to issue or sell
them.
The decision reverses the ruling OF
Judge r. G. Stanford in sustaining
demurrer to the complaint of Col
onel McClintock asking for an in
junction and orders that the restrain
ing order to stop the sale of the
bonds be granted. The opinion sets
forth that the suit was brought to
test the power of the City of Phoenix
to issue and sell bonds for an armory,
the title to be in the name OF the
state, and to be used by the national
guard of the state.
Declared No Improvement
The opinion states: "The plaintiff
asserts the bond issue is unlawful by
reason that it is prohibited by Secs.
/ and z, Article Q, of the state consti-
tuition, and for the reason that the
armory is state institution and not
public Improvement" The opinion
recites that the defendant denurred
TO the action and the lower court or
dered it sustained whereupon an ap-
peal to the order was taken, alleging
four errors.
only two of these errors are to be
considered" the opinion states, .'and
are ID The charter of the city does
not give it the authority to invest its
funds in the purchase of property
where the title is not invested in the
city, and CD Senate bill, No. 81, yali-
dating the bonds, is invalid by reason
that it does not come under the
specifications Of the governor in the
call issued for the special session.
1T is clear" the opinion goes on,
"the proposed bond issue is not for
any purpose of the city nor in aid
of any municipl function, and since
at the time it voted in favor of the
bond issue and directed the sale of
the bonds, the state had not empow-
cred the city to do so, il acted with
out the authority of law. 1t remains
to be seen if the defect in the power
of the city was cured by the validat-
ing act OF the first special session of
the fifth legislature. introduced as
senate bill No. 81"
The call of the governor for the
special session. the opinion sets forth
specified 10 subjects TO be considered
by the session and none of the speci-
fications referred TO the power Of
municipalities of the state to issue
bonds and invest the proceeds in
property to be used by the state, nor
do any of these specifications in the
slightest degree relate to such sub
ject. 1--WE are constrained to hold
that the legislation is foreign to the
subjects specified in the governors
call and therefore invalid"
Colonel McClintock. following the
filing of the decision, said that he
had hoped the decision would be
otherwise. The bonds had been Sold
he declared, and their legality had
to be determined.
This armory would have meant
great deal to the city," he added
"and would have made Phoenix The
military headquarters of the south
west. 1t is to be hoped that some
civic means may be found by which
the money can be raised to match the
$4,000 the state has appropriated for
the armory."
Colonel McClintock was represent
ed by Attorney Henry Miller and the
City of Phoenix by r. w. Kramer,
city attorney.