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THE ARIZONA REPUBLICAN: WEDNESDAY MORNING, NOVEMBER 14, 1894.
mm not pay, The Pima County Rail road Bonds Declared at Last to Be Invalid. A Decision by the United States Supreme Court. A Findinsf Which Affects Arizona's County Indebtedness to the Amount of $750,000. It is hovf within the power of inter ested objectors to reduce the county bonded indebtedness of Arizona by $750,000. That i-j, upun li authority of the supreme court of the United States they can prevent the payment of the bonds issued in favor of the Arizona Karrow Gauge railway, the Maricopa & Phcenix railroad and the Prescott & Arizona Central railway. The case in which the decision has been rendered is that of Chas. E. -Lewis against Pima county, an action bronght on 2,250 counona attached to 150 bonds itsued to the Arizona Narrow Gange road by the board of supervisors of Pima county in July, 1883, under an act of the legislature in February of the same year. The railroad had been or ganized under the general act for the incorporation of railroads, passed in 1879. The legislature acted under a law providing that it could perform certain acts, among which was the authoriza tion of the incorporation of railroads and other bodies. Action was brought by Lewis, the plaintiff in this case and a holder of the bonds against Pima county about three years ago in the first judicial dis trict, and a verdict was found for the defendant, Judge Sloan holding the act authorizing the issuance oi the bonds to be special legislation. The case was appealed to the supreme court of the territory jn which the lower court was sustained. Au appeal was then taken to the supreme court of the United States. While the findings of the lower courts have been sustained the deeit-ion which is a very brief one does not include the views of Judge Sloan in passing upon the case. It does not indeed question the soundees of his opinion ttiat the legislation was ' special but goes back of that and asserts that the legislature which ordered the issu ance of the bonds acted under a mis construction of its authority. It gives a history of the previous l"g:siation which had given to the legislature of 1883 the eol"i of amhority t pass the act; buf quotes the following fatal restriction Hgainst the county's power to carry out the order: "Provided that nothing therein shall have the effect, etc., etc., to authorize any such corpora tion to incur hereafter any debt or obligation other than snch as shall be necessary to the administration of its internal affairs." The supreme court construes the per formance described as "necessary to the administration of its internal af fairs" within the power of the "cor poration" or county, to mean for in stance the issuance of bonds for the erection of jails, hospitals, poor houses, etc., and (-aye that the meaning is so obvious that an extended discussion of the subject is unnecessary. The decision closes in the following language : "We are compelled to hold that the bonds iD qw siion create no obligation against the county which a court ot law can enforce." A VACANCY CREATED. The City Without an Official Surveyor. City Enelneer Dunn Tenders His Resignation Along With His Private Reasons. The city is now without an official eurveyor. Ci y Engineer Dunn last sight tendertd his resignation. A mo tion toacceptit by Councilman Lacy met with no Record and it was therefore or dered on file to be considered at another special meeting last night. The course of the city engineer is the result of a culmination at the last meeting of a series of disagreement between him and the cot noii. The precipitating GENTLEMEN, PAY YOUR BETS! HATS, GLOVES, CANES Or a SUIT of CLOTHES. The Best at GREENE THE HATTER Fleming: B!ock. action of the council was the letting of a contract for street grading without any provision for supervision of the work. The following communication informed the council of his resignation and contained beside an expression of his private views upon the subject of street grading : Nov. 13th. To the Mayor and Common Council, Phoenix, Arizona. ' In view of the action of this council last Fri day evening in letting a contract for street grading and prosecuting the work without any specifications as to detail and with no superin tendence either by the city marshal, commis sioner of streets or rays 'If, I deem it necessary, iij order to protect myself, to bring the matter before the board and the taxpayers of the city. The work of grading four of the principal streets of the city, being almost four miles in the aggregate, is being done without any speci fications as to detail and with no reference to any grade, in fact without plan or system. The proposition of grading streets parallel to each other and without any reference to their relative elevations, or as to the grade of inter secting streets, is simply folly, and the expen diture of public monies in that way is far from right. Under the last eo incil a re-survey of the city was made, the results of wftich are iron monu ments plsced at each street intersection in the work now being done in grading the streets, no provision is male to protect those monuments irom being plowed up or twisted out of place, and the results of engineering which cost the city some ?1,500 or ?2,000 will almost be wiped out and rendered entirely val ueless The condition of affairs as above Btated was called to the attention of the chairman of the street committee by me after the meeting Fri day eveuins, but without avail. As I think the action of the board in allow ing grading to be done on the public streets in thi manner is extremely poor policy, and the money spent i:i almost if not entirely wasted, I take thi opportunity to place my sell on record. I herewith tender my resignation. H. S. DUNN, Ci'y Engineer. The matter of opening the alleys was taken up. The city attorney reported that he had received complaints from the city marshal againBt fifty persons and that he would proceed against them next week. The council mani fested a disposition to retire from its stand on the question and the attorney said that by so doing it would be neither better nor worse than its half dozen pre decessors. A discussion of the subject took place and the question as to whether peaceful or adverse possession of public property during a long period of years entitled the unlawful holders to eternal possession of it was con sidered. It was shown that in Bon,e of the alleys buildings had been erected the removal of which would inflict a hard ship npon the owners. In one case a man built a "lean to" to an adobe structure. The "lean to" occupied the alley. It was evidently of some use to the owner and to tear it down would bring financial loss npon him. Where as, since the "lean to" had been there about fifteen years, it could not reason ably be expected to stand more than five years longer. It would fall down of itself in that time and whatever loss the owner suffered from its collapse he would suffer without the council's con nivance. Time alone would be rcspon bible and without an accessory. The result of the discussion was that it was decided to let the order stand for ninety days during which time ob structors of the alleys are cordially re quested to vacate and avoid trouble. That Terrible Coat. The firemen have a William goat as whie as white can be, and every man and boy in town knows him as a son-of-a-g. No rope too small for him to walk, no steps too steep to climb, and he'll dine on anything from screens to a barrel of Tempe lime. He took a stroll down Washington street into Beattie's tent one day and when he saw such works of art he fainted dead away. Moral : Bead the papers and when you visit Beattie's studio you will not be so surprised to learn that the "Beattie Photos" are really the finest ever executed in this part of the country. His prices are not outrage ously high either. Compelled to re move tents out of fire limits to Wash ington and Sixth avenue. Proofs sent. Photos delivered. Six Facts. Fact One : It is but half a mile from the principal street. Fact Two: It is npon the grand boulevard and favorite driveway of Phoenix. Fact Three : Each lot faces a park and a row of umbrella and ash trees. Fact Four : Every lot is sold under a building restriction, thereby guaran teeing a good class of buildings and. a large increase in value. Fact Five: The title to each lot is absolutely perfect. Printed abstracts are furnished. Fact Six: It is the Simms' addition. For Over Fifty Years. Mrs. Winslow's Soothing Syrup has been used for children teething. It soothes the child, softens the gumB, allays all pain, cures wind colic and is the best remedy for diarrhoea. Twenty five cents a bottle. Treasure Seekerg In Florida. It is remarkable how many people live in Florida for no other purpose than hunting hidden treasure, says the Cincinnati Inquirer. From the stories told it would seem that there must be millions of dollars in Spanish doub loons hidden along the Florida coast. Some of these have , actually been found, just enough to give zest to the search. Capt. Kidd is supposed to have planted a few hundred thousand dol lars down there, and a number of other pirates used Florida soil as a deposit bank. There are people who have lived there for twenty years in order to find treasure, and have impoverished themselves in their search for this vast wealth. There have never been any very large finds, but a number of small ones, and the belief that there are large sums hidden seems to be uni versal. Dr. Price's Cream Baking Powdet World's Fair Highest Medal and Diploma. Dissolution of Partnership. The Co-Partnership of M. ASHER & CO. will be Dissolved on January 1, 1895, by Limitation. To accomplish this object and settle up the interest as it exists between the parties, We Will Commence Our Dissolution Sale on Saturday, Oct. 20 next, and will sell every article in our line at our cost mark, and will continue to do so until the end of this year. Our Stock is Complete in Every Branch having re ceived a full line of the Latest and Newest Goods this Season. All Goods on Hand from the Pmous Season, Will be Reduced 10 per , cent from Cost. We carry the largest stock of fancy foreign and domestic Dry Goods, Ladies', Misses' and Children's Shoes, Men's and Boys' Shoes, Ladies' & Gents' Furnishing Goods, Household Goods, Blankets, Quilts, etc, at Cost Price and Less. Our stock is now full and complete, and great chances are offered to early buyers. We respectfully announce that at the above prices, We Will Sell For Cash Only, Irrespective of Parties: Our Books Will Close October 20 and we earnestly request all indebted to us to call and settle at once. We must have numey to settle our interest, that is the Short and the long Of it. Avail yourself of the best opportunity offered you To Buy a Bargain, and call at THE RED CORNER M. ASHER & CO., Props. CiKars. THE SILVER CHAMPION CIGAR SOLD BY A. COHN & BRO., IS THE FAVORITE IN PHCENIX. llalrd j-esslTijr. Hairdressing k Complexion Parlors. MRS. N. H. DETTMER, Late of Denver, the ARTIST HAIRDRESSER. Treats the Complex! for all blemi-hes. Will give ONE FitEK TREATMENT to each lady caller for one week. Come and investigate. 831 E. Washington St Gregory House Block. Investments. INVEST MENT. T make a specialty of sound fnvegtment real estate la Phoenix and vicinity. In every case the return is good and the safe ty of the principal will be absolute. Jf you have from $100 to $10,000 to Inyest si'e me or you may miss a good, opportu nity. PLAN K, 33 So. Center St. nour- When in ri r I D Need of I V- U n- Don't fail to ask your grocer for a sack of Which is guaranteed to be equal to Kansas, Colorado or any other Family Flour now shipped in here- Patronize Home Industry. CAPITOL MILLS, Phoenix, Arizona. BrfcK. B RICK CHEAPI WM. REILLY &. BRO., At Wiu. Cox's Old Yard South of Depot, PIicbMx. Give us a chance to figure before purchasing elsewhere. Drug (Store. AT BRISLEY'S "Mountain City" DRUG STORE, Special attention is given us! Send in by mail or otherwise PRESCOTT. ARIZ. 1 r ti if k . Lnnd the Druggist Cor. Washington and Third Sts., Phoenix, Ariz. XL NEW STORE, FRESH DRUGS. PRESCRIPTIONS A SPECIALTY. PLANK bin luinn www HOTEL. The Arlington The Only First-Class Hotel in Tempe. G. A. Pulver, lyianager. GEO. B. PERKIIS, Corner Waiiton and Wall Sts. P. 0. Plicenix, I want a list of your property. It makes no difference where it is, so that it is in the Salt River Valley. I can sell all grades, whether cheap lots, choice residence lots, business lots or acreage. It costs you nothing if I do not sell. Carriage at door. No trouble to show property. I now have buyers for both city and country property IMPROVED and and can guarantee satisfaction to both prop erty owners and investors. VToney on first-class security at reasonable rates. Borrowers and lenders are invited to give me a call. GEO. B. PERKINS, Phoenix, - A.riz. House.. Box 32 - Aj?iz. UNIMPROVED Loaned.