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Independent in All Things
yum a; AKrz' NOVEMBER 14, i 896 TUMBEE52. THE AMON SENTIffEL 11BIjSHE'D EVERY S.TDKDAY .- - . - VT Yuma, Arizona, BY SUBSCRIPTION. Sis montln -Go Year - $1 50 00 A DV'HTJStNG HAVES made Vnown on apnllcxMon. Tddrcs ARIZONA SENTINEL, Yuma. ArUona. TBIS Dike's Advertising A.eencv, 6 and 65 Merchants Exchange. 8aa Fcinr.iaco. California, u here centracts for alrerti3inir can he made for it. TSRMTOItlU OVMCRRa. B. J. FRANKLIN . .C. BRUrE - .C. P. LIETf'H AWX0 ;;" "...j. m. wiwos A"J" CEO EOS KB. UO K Snvsroft Oenkhax p j.pole " " J- SWHEHTOK fcrrr.TERaromx. Pmsos M. UUEM TtJCSOX LiXD OFFICE. .. .EUGENE J. TUIPPEL. E. R MONK Bkxivex 1 ED. MAYES, liaittU States Custom House Deputy C-llector COUXTI OFFtfWM. DimmW OfcmorDinciCoBT C H. BRINLEY ) E A HARASZTHY Chairman. J EBPERVisoas f G ANDOLFO, and A. MODEST'. Ctxu op Board of supervisors... M. L POOL Peojate .Tcme sen. Schools, .. ..A. RANK ttciurr. Tax rolR axi Assessor. M OJEgMgAF rjK0-SiRiFF SAIUEL PURHY niStRirr-ATTCRXET V q INOALLS .Rmoedm- v v.- 'tovtSS" N D 6-ouxtt raryciAjr v- LUUL" FRBCVSCT OFFICERS GEO. A. DUKE Jwloe cJ the Peace j cDAVIS ) F. L EWING, tnittn of Yuma School Dls. P. FIJLE'd CITY OFFICERS, JJtJFOT......... eouacllmen CUy Attorney.. O Ity Recorder. Assessor Treasurer Vfirshal R.J, DUNCAN FREP F'lEDLEY, ( J. M.S'l'EESV, r JOHN SH W33EY, J F Q. BLUSDSLL. ....MUItAT MASTER-SON ...J. II. CARPENTER ..B. A. IlARiSZTHY I. LEVY p. F. BU.UiE RULES OF POST OFFICE. The office is open from 7 a. M. to 7 P. M., dail.v.. Sundays -from -JiOO to 8:00 A. ai. and 6;09 to 7:00 P. M. Ea&t-bonnd .nail closes at . . . :20 P. M. West-bound mall closes at . . . 7 .00 P. M. Money Order and Postal Note depart ment closes at 6 P. m. daily, 'exct?ptin Saturdays, when it closes at S P. M. No Money Order or Postal Notes issued Huu- Ylailfor Parker, Ehrenberg and Silver District leaves Yuma Sundays and W -ed-daya it:7 A. M., and arrives here 1 ucsdaj.s tod Saturdays. Mail for Picadio, leaves daily at 7 a. m. F. B. LOliAN. P. M. Yuma Lodge No. 7, A. O. U. W. meeb eery Tuesday evening at 8 o clock. Yisit-jOj-brethereu in good standing are invtud o attena. Yours iu U. H. and P. DV Aiclutjrc. M. W. WighVuau, U. C. A. ft. J. C. Fremont Post, No. 9, meets .the JSwnd und Last Momiay oi eacn umiumi. r n c... i f?eo. U. Field. Adjutant, 'jj Cemmanaer jJ-QLLER,L. N. I..D. FIRST STREET, NEAR MAIN, ,VUMA, - " ARIZONA. ROTARY PUB.LIC, JAMES H. IUNSLER. Can bo found at the office ot the Sestisel any honrof the dav. -T ULLARD, PURDT GEO. - ATTORNEY-AT-LAW. Practices in all Courts. Buane3 promptly attended to. Office in OO .1 4, THIBODO BUILDING, PHOENIX, ' RIZ. JJLLIOTT, W. H. CIVIL ENGINEER & SURVEYOR. - ' y. 8.,Deputy Mineral Surveyor. Yuma, A. T. -J3URDY, SAMUEL, & ATTORNEY-AT-LAW. Special attention to Land Business. S-wna. - - Arizona. "KI-GHT' GE0 M" .TORNEr-AT LAW AND NOTARY PUBLIC, (Office next door to Post Office. ) Yuma. : : ; Arizona. C. DAVIS. ATTORNEY-AT-LAW. YUMA, A. T. rCHAS. L. ROWT. W. 0. HUSON. BROWN & HUSON. ATTORNEYS-AT-D AW, ROOM SIX, COTTER BUILDING NOTARY PUBLIC Aeuona. southern pacific corviPAN. COMMENCING Sunday, Nov. 8, 1896- TRAINS WILL LEAVE YUMA AS FOLLOWS: 7.J A A. M. (DAILY) Mixed til J Train for fi ila Bend. Tucson. Deming, El Paso, and all way stations. t t A. M. (DAILY) PACI FIC EXPRESS" for 'Col- ton, Los Angeles, Santa Barbara, San Francisgo, "cram.ento, fortiana ana North'," Ogden and East. p f P. M. (DAILY) -NEW D!OU ORLEANS EX RESS" for G.i.lfl Bend, Maricopa. Tucson, Bonton, D'frminir. El Pa.so. Ne Orleans LadEas.t via the 4'Sunet Route." 1 1 f Ci P I Wednesday ard 1 .J .iiiidav "Suiim t T "nil-. ed" fjr El Paso New Orleans a d the Eut. 1 O O K P.M. Wednesday and I J ! l O Satmdnv 'SuiisetLin.it- cd" ior .L'J3 Angeles, Fresno, San Franciac i. Overland Tickets Sold, Sleeping Car Berths Secured AND Full Information Regarding Transcontinental Routes Furnished co Application Par'iea can arrange to join the WEEKLY FAMILY EXCURSIONS over the Sunset Route by corresponding with W. H. DKESSEK, Agent. Depot, ... - Yuma T. H. GOODMAN, Gen. Pass. Ag't. RICHARD GRAY, Gen. Traff. Mgr. SAN FRANCISCO. CAL. UWl FE, PRES60W & PHOENIX R. R. IN EFFECT DECEMBER 2o, 1S95 MOUNTAIN TIME IS STAND VRD USED. SOUTH" BOUNDTl : ' " 1 NORTH uouii't. NO 31 . NO 1 Pas Pas 2 OOp 7 Oiia 2 28p 7l'a 2 46p 7 3-2a 3 (Op 7 46i 3 -27p S 1 la 3 5'ip 4 13p S 39a 4 .Wp 8 55- 5 09p 9 12a 5 .2ii 9 2fia 5 .S0p 9 4"a No 41 7 Ola 9 5"a 7 3 a 10 3a 7 33a 10 5a a 01a I0 5 !a 8 3 a 1 1 S.'ia 9 Ola lliii'a 9 2Ja I2 1'p 9 49. 1-2 3lp in 16a 12 5' 10 5a 1 OSp 113:a 13) II fl2a 1 43p 12 30p 2 05p 1.03p i Sip 1 27p 2 45p 2 OOp 3 osp 2 23p 2 33p 3 2H 3 OOp 3 Sp 3 25p 3 47p 3 45p 4 0)p STATIONS. NO 2 Pas 1 NO 32 I Pai Lv..Ash Fork.Ar r. -lpatn. Wicklow, ...rtock Butte... ... edar Glle... Vallev Del Rio .Jerome Junction. '.r-inite ... Mamickt! ... .... Prcscott .... Precott ..Iron Springs . Summit .... ... itamgate... .. Skull V.lley .. .... Kirklaml ... ... Grand View .. Hillside ...Date Oreek... ... M irtiiiz .. . 'oni;rM ... .11 r.jtfa Hla.. .. Yickenl)urif .. Vulture Hot Springs June ... Heard -dey ...M&rie.ifUc ... I'eiria .... Glen talc .... .....lh'im')ra. .. Ar..Phojnix. .Lv 5 -i-sp 05p 1 ()9 4 3"p 4 lip 3.i5p 3 15p 3 3p 3 13p 2 59p 2 4p 2 33p 2 "3p 2 'ilp 1 3:jp 1 l?p l33p 12 tip II 5a II 31a 11 ItU PlSHi n 45a 10 21 9 9 1 i) 4 a 9 tia. 9 9i 8 50a 8 41a 8 3 'a 1 '!J P 11 3"a 11 18a 11 0 1 io:r.a 10 l"a 9 06a 9 35a S 39 a 15a 7 45: No.4-2 4 vxm 3 30p 3 3ip 3 0 p 2 3dp 2 14 p 1 4.3p I 2np 12 r.2p U 2:p I 11 .rra II Wa 10 .3 a 10 5a 9 tna 9 111 8 4Sa S 3 vi 25:1 8 O 'a 4 -a Trams Nos. 41 and 42 will run on alternate rtays. Information as o what day sune will run will be furnished by agents on application. No 1 maes connections at Ash Fork with A. & P. vestibule Uinjited No. X from the cast. "Tliis in the finest train west of Chicago. Ne. 1 also' con nect with A & P. No. 2 from flic wet. Persons desiring to stay over at Ash Fork will find the best of aecouimo.iations at Fred H.rvey's hotel. No. 2 makes i-lo e connection at Ash Fork with A. & P. trains Nos. 1 ahi 4 A. & P. No 1 reaches -an Franeisi- li:4i a. m. second rr.oriiinir, A. & P. No. 4 is a ve-tibnlcd train throughout, Pghted wi'h PinU-h gas, dining car running through frim Los Antreles to hicago. IJinh'g c's under the man aincnt of Fred Harvey, with his unexcelled ser vice, care and attention to his gueet. Nos. 1 and 2 connect at Jerome" Junction with trains of United Verde& I'acP'o Ky. for.Ierome. Connecting at Prescott with sr ge ljnes for a'l principal mining camps;-"at !oiigrei-B:,vitIi 'ttagc, lines "for Harpia Hala, Stanto'i and Vainell. At At Phoenix with the .Maricopa & Phoenix ity. for points on the . P. I. R. This line is the lrst route toth Great. S ilt River Valley. For infor o ion regarding this valley and the rich mining section tributary to this road ad dress. GEO. M S VRGENT. G F: .t P. A. R. E. Wells, L. M. Murpiit, Assistant Gen Managei. Pres. & Gen Manager. Maricopa and .TIME JTABLE NO. 40. To Take Effect September 2th iS96. at 5:60 p. in. The Company reserves the right to vary the same as circumstances may require. .DAILY TRAINS. From Phoenix STATIONS. From laricopa A. F. & P 7.15 a. m. G.40 it. m. 6.05 v. m 5.35 a m. 545 a. m. 1 A. F. & 9.00 p.m. Lv..Phjoenix.Ar ..Tempe .... ... .Kyrene.... . .Sacaton. A r Maricopa Lv 10.15 p.m. 10.50 p m. 11.15 p.m. Train No. 1 connects with Southern Pa cific 19. passing Maricopa at 11.30 p. in. Train No. 2 connects with Southern l'a- ciric 20 passing Maricopa at 4.55 a. m. Connections made at Mesa with stages for Goldfield. Connection made at Phoenix with S. F. P. fc R. It. for Prescott and Congress. "A" dailv. Trains stop on signal. E. SUA MP, General Superintendent. GRAHAM'S 'to the La Fortuna Mine. XII E STAGE WILL rVKCT WITBI :30 TKAI3T EAST EVERY RIGHT' AT BLAIoDELL STATION. WanterJ-An Idea Who can think of some simplo thlnx to patent? Protect your tdaR: thiv may bring you weulih. Write JOHN WKDDERBORN & CO.. Patent Attor neys, Washington, "D. C.for thetr 1.8urt prlio oiler and list ot, two hundred lureutlous wanted. ' WANTED SEVERAL FAITHFUL MEN OR weman to travel for responsible established ome in Arizona. Salary S78), payable S15 weekly and expense-1. Position peruiiosnt. Reference. I Enclose self-addressed stamped envelope. The Na tional, Star Building, Chicago. PURELY VEGETABLES. The Cheapest, Purest; ana Best family Medi cine in the world ! An Effectual Specific , for all diseases of the Liver, Stomach : and Spleen. Reeulate the Liver and prevent Chills AND r EVER, AlALARI- Complaints, Restless ness, JAUM)ICE AND Nausea. BAD BREATH! Noth:ng- is so unpleasant, nothing so common, as bad breath ; and in nearly every case it comes from thte stomach, and can be so easily corrected if you will ake Simmons Liver Regulator. Do not neglect so sure a remedy for this repulsive disorder. It will also improve your appetite, complexion and general health. rn.ES! How many suffer torture day after day, making life i. burden and robbing existence of all pleasure, owing to the secret suffering from Piles. Yet relief is ready to the hand of almost any one who will use systemati cally the remedy that has permanently cured thou sands. Simmons Liver Reculator is no drastic, violent purge, but a gentle assistant to nature. - CONSTIPATION SHOULD not be regarded as a trifling ailment in fact, nature demands the utmost regular ty of the bowels, and any deviation from this demand paves the way often to serious danger. It is quite as necessary to remove Impure accumulations from the -bowels as it is t eat or sleep, and no health can be expected where a costive habit of body prevails." SICK HEADACHE! This distressing affliction occurs most frequently. ,Xhe disturbance of the stomach, arising from the imperfectly digested contents, causes a severe pain in the head, accompanied with disagreeable nausea, and this constitutes what is popularly known as Sick Headache, for the relief of which take Simmons Liver Regulator or Medicine. manufactured only by J. H. ZETXJN & CO., Philadelphia. Fa. THE Don't li't nni'oiiH Tool you. Re member we will give as much with every purchase as any Dealer. If they offer 'ou nr-re, come .to us we will do as well or hi-tter. A. yOLPIN, Prop. NOTICE OF APPLICATION F0H t. . -r U. PAT EXT.--31. A. X0. 652. Survey No. 120(5. Tucson Lani District. ) L'. S. Land Office, October 9. H93.C Notice i-s hereby riven, that in pursuance of tlie Act of Congress, ajiproved May 10, 1872, Charles J. Ileilly. I'atKck II. Diin negan, Fred I. Andre. Theodore I). Shreve, Frank L. Andre a.ul Autone Ilapely. whose Po-t Office i- Ehreiibe-g Yuinn county Arizona, have made application for a patent for the 'actus placer, bearing jro'.d, situate in Plomoso Mining District Yuma County, Arizona, and described by the official plat, -herewith posted and by the field notes on file in the office of the Re gister ol the U. Land Office at Tucson, Arizona, a follows, being survey No 120(: Beginning at Cor. No 1 whence U. S. L. M. 1203 bears S. 81 d , 1) inin., E. 1847.3 ft.: thence N. 49 (leg. 2(5 min. E., G.V7.3 ft to Cor..N.. 2; thence S. 0 deg 23 inin. E., 1520.14 ft. to Cor. No. 3; thence N. (51 deg. 33 min. E 1727.5 ft. to Cor. No. 4: thence N.47 deg. ,44 min. E . !3(J 83 It. to C r. No. 5; th -nee S. 2J deg. 47 min. E. 235.19 ft. to Cor. No (5; thence S. 41 deg. 27 min. W. (599.1 ft to Cor. No. 7; thence S. 19 deg. 34 min. W. 25.5 It. to Cor. No. 8; thence S. 12 deg. 23 min. E. 070.7 ft. to Cor. No. 9; thence S. 25 deg. 31 min. E 1027.5 ft. to Cor. No, 10; thence S. 76 de. 20 min. W.. 564.G (. to Cor No. .11; thence X. 40 deir 47 min. V., 4!53 7 ft.' to Cor. No. 12; thence N. 32 deg. 42 min. W. 49.7 ft.' 'to Cor. No. 13: thence S 85 deg. 38 min. W. 1307 ft. to Cor. No. 14; thence S. 41 deg. 48 min. W. 265.02 ft. to Cor. No. 15; thence S. 37 deg. 27 min. E. 376.7 ft. to Cor. No. 16; thence S. ,3 deg 8 min E. 992.3 ft. to Cor. No.. 17; thence . 23 deg. 34 min. E. 1257.6 ft. to Cor. No. 18. thence S. 25 deg. 49 min. E. 562.2 feet to Cor. No. 19; thence S. .67 deg. 45 mip.,.W..22.i7 ft. to Cor. No. 20; thence N. 2? deg. 31 min. W. 1511.15 ft. to Cor. No. 21; thence N. 5 deg. 29 min. W., 600.7 ft. to Cor. No. 22; thence X. .3i deg. 21 min. W. 1101.45 ft. to Cor. No! 23;' thence N. 89 deg. 2 min. SV. 512.5 ft. to Cor? No. 24; thence N. 53 deg. 16 min V., 1571.1 ft. to Cor No. 1. the place of beginning." Varia tion at all corners 14 deg. 33 min. E. Con taining 120 acre. This claim is located on unsurveyed land in Plomoso Mining Dis trict, Ytiiuu t'ounty. Arizona. The location of this claim is recorded in the Recorder's office of Yuma County, 'Arizona in Book II of Mine., page -16 et seq. Any and ail claimants claiming adverse ly any portion of said Cactus placerchiim (Survey No. 120.3) or surface ground, are required to file their ader.-e claims with the Regis'er of the United States land office at Tucson, Pima Countyi' Arizona, during the sixty days period of publication hereof, or they will be barred by virtue of the provisions of the statme. " EUGENE J. TRIPPEL, Register. First publication. Oct. 17. 1S96. 3 J AC DUMIME, pr ip. CIGARS i:EP-T IN STOCK. PR8VATE CARD RCOIVIS. FINEST BRANDS OF LIQUORS AND The only snloon in town where you can b-nouthiho branches of lhi,orsmge and lemon tree and drink a. rofreshing glass of ice cold lemonade, beer, wine of any kind or smoke a fragrant cigar. MAIN STREET, YUMA, ARIZ, BEE - HIVE STORE! YOMA'S BIG CANAL. (Judge JL G. Bskei? Fendi?s Cecision in tfee Suit j Of the Arizoun Improvement Co. vs. M. J. Nugent,"" Snp.t. Territorial Prison, in Favor of tlie Former. Below is Judge Baker's deciir:if in j full in the Territorial Prison Contract ! suit: , The State of Arizona Improvement Companv, Prtitioner, vs. , M. J. Nugent. Superintendent Terri torial prison, Respondent.1 This is an application on the part of the petitioner for a writ of man-d-.n m ugitii s'- the respondent, re quiring hi n to furnish the petitioner ten cm icts out of the Territorial P.'isi n, foi labor on a proposed canal I or wat r way in Yuma County. The application is based upon a certain contract entered into between the Tir iror , th nugh its Board of Con trol, a id the petitioner. The contract in tenn. provides that the petitioner shall have exclusive control of all the able bodied male convicts in said prison from tbe-hotirs of 8 a. m. till 5 p. m., for a term of ten years, and that the superintendent of such pri son shall furnish such co ivict- 'to' tne petitione- upon d- imn 1. The execu tion of the contract is a linitted. The superintendent rtfnsed to comply with the request of the petitioner to be furnished wi,t.h ton such convi ;ts An alternative writ of mandamus wa issued, to which be answered, setting out a number of r as ms why the fin il writ should not. isue, two of which are deemed of controllim; effect. P'irst: It is claimed that the con tract is invalid, because it is uncon scionable, inequitable and witho.it consideration. Second: That, the petitioner is endeavoring to en'orce a private con tract by this p-ooee.liijg and that mandamus is not the appropriate remedy in such a cmsm. The main principlegorprtung.stian damus ca.-es ag:iin-t pui lie odicers m y be briefly stated t'iu-: Where a party has a clear legal right, to the enjoyment of wbi'-b some muiHteriul duty ly a public officer is necessary, and he has no olher plain, sp ;e ly a id adequate remedy, he is enti 1 ! to a ivnt of man !am is to enforce th pei ,forniance )f that duty by the oilicer A ministerial duty devolving up m an idlicer is one expressly imp ised by some law, or one neees-arily arising as an incident to the ottio A private contract involving no otlici d duty will not be enforced by m indamiis, but where it doeg involve a public trust or o(Ii-i.tl duty, that duty m iy be en forced, since that is one o' the ground for tir issuance of the writ. It h t be observed, that this controversy is to he determined solely upon the face of the contract und pleudins as ap plied to thetfaw In otli-r words, it is a question of law. Who her the contract is wise or unwise and in 1h creet, or porlitalde or unnrotitahle, and all other similar question are considerations, not for the court, hut for the pit-ties to determine. It i the husiue s of courts to euf tree con tract., not to m ike. or mo lif.- them. In this case, theref re, th- sole iluty of the court and t!ie mei-ure of its power 13 to apply the law to the face ot the contract. Is the contract unconscionable, ineqoiiable.-uid without c sn-i leratio i? Is the intrinsic nature and su'-j ct j matter of tins transaction such that no man in bis sen-ie-. an 1 not under delu.-iou, would make an 1 no honest and :air nr-in wo ild accept? Tlie subject matter of the agreement is lie le ising of the coiniet l ilmr to be employed in the construction of a canal, and pavtnent for the 1 ihor to he made in water light or shares in such canal. The practice of leasing out convict labor to private individ uals pievails in several" stales of the Union. These contracts are similar in piiuciple to subenption to the stock of railways' by counties and muni ipaliiies. Contracts between private individuals to ai I in the con struction nf proposed watr-ways or C inals and remuneration to be made in w.-.t r rights or share in such water-wavs or canal-1, are in common vogue. The coni ler-tion expressed, is the rating of the. conviot labor at 70e per dav, payable in water rights or shares in the canal at the rate oi $1,000.00 for every share or right to each eightv acres of land. ' "As a' mat ter of law, this imports a valid con sideration. It implies a reciprocity of benefit, and there is a promise; and that satisfies the law which will not treat it with an air if scholastic sub tlety. It is attacko T a being m ue qu.ite. It is enough that the con side1 ation he- actual an I legal and of some value. Seventv cents per day is the rate for the labor and the affidavit (which seems to he confessed) accompanying the petition shows the sale of rights or shares in the caiml to the amount of $200,000. Thi- is some indication of the value of the shares. Here inadequacy of price or considera'tlon, however, is never held to be sufficient to void a contract, uu less such ina lequacy be so gross and flagrant, ib n it shocks the conscience and furni-hes deci.-i-e evidence of fraud. Ths application of this do trine is ery rare'iudee I, and is never applied on the mere ground of inad equacy of consideration, hut on the ground of fraud as evidenced thereby. The rule is well settled by a consensus oj decisions, that where the pirties were both iu a situation to form an independent judgment and act know ingly and jiUentionally, mere inad equacy of ptiee or consideration, unac companied by other inequitable inci dents, is never of itself a sufficient i! round upon which to cancel a con tract. Here, ilier-i is no tdiarge of fraud; no suggestion of undue advant age arising from the situation or character of the contracting parties; or covin or overreaching ; or conceal ment or suppression of facts. Tlie fact tthe Territory is a party does not alter these principles. Once before the court, the rights and obliga tions of t be parties must be adjusted upon J,he same prjriejples as if l.he contracting parties were private indivi duals. Furthermore, a valid act of thelogi--l.iture of the Territory expressly au thorize! the. contract to be entered into. Laws of "Arizona 1S93, p. 20. Section 9 of that Act is as follows: "Said Board of Control alter qualify ing an 1 entering upon their duties, sdi-ill have lull control over the Terri-to-i il Insane A-ylum, the Territorial lie'orm School an 1 the Territorial prison, l.oetherwith all, the proprtie-, buildings and lands belonging thereto or that may hereafter be acquired. Sixty days after the passage of this Act they shall have the power and authority to enter into an agreement or agreements with a responsible per son or persons to 1-ase on shares or for cash the property, buil '.iug and land or any pirt thereof, now belong iag to the Territory, wherever said buildings and lands may be located, or that may herealter be required for the purp ise of furnishing e nplovment for the inmates of the said Territorial Prison ami the said Territorial Reform School. The sid Board shall have the au thority to contract with a responsible p';rsf)h or persons, to furnish, the labor of the inmates n w within the said Reform School or sai l Prison, or that may herea'ter bo confined therein, or any number of them, for the best inteiois ol ti e Teiritory, provided, however, that at no time shall thw 1 ibor of the inmates of the said Ter ritori d Piiso i or Territorial Re'orm School le 1 -as-Ml t any p r-o i or per sons when the labor of the inm ttes of the sai I institutions is required upon any bud ling-1 or properties of the aforesaid institutions, and no lease or contract shall be made that will obligate the Territory to furnis'i tools, machinery or money, or to ni ike other expeudilu -e other than the labor of tlie initiates, properly clothed and led, and the proper guards for the. sune, together with the us of the property, .biuhllins and lauds hereto fore inentioiie I, provided that no con tract or lease sh ill be mad s to extend f r a term oi more ten (I-); years fiom the time of making s.ii 1 lease or con tract. "And the said B ard may cont. act to allow s ich labor to be performed at any place either i. sale vr outide of the- prison walls or the confines nf the Reform S-bool, but if a contract be made to allow labor to, be-perf jrhied outside of the pris n walls or confines of 'the Reform School, it must be done under proper restriction, hav ing regard for the safet' of the prison ers of inmates. A good an I sufficient bond must be given by the person or pi-r ons leasing the lanor of inmates of the aforesaid institutio is for the f i. thnil perf. rman e of such contract; said bond to be approved by t leBoaid oi Control." Il unlet be conceded by every fair and i npirtial min i th.it the contract is clearly within the limitations and provisions prescribed in this section. It is for the term specilie.d an 1 whether or not.jn'is for "the best interests of 'the Territory" was and is a question for the Board of Control alone to de terniine; The court cannot review that determination in this proceeding. It is too clear to iidnut of ag-jmect If ighest of all in Leavening ABSOLUTELY that the court cannot bold that to be unconscionable and inequitable which tlie" legislature has expressly authorized and sanctioned. Is there an official iliity of the sup erintendent involved? This inquiry embraces the relative power of the Board of Control and the Superintendent of the prison. We have just seen that the legislative act gives the Board the power to make the contract as well as "full control" oxer the prison and inmates. In re spect to the contract, the powers of the superintendent are necessarily subordinite to the powers of the Board. 'He ha no power to question the expediency policy, judiciousness or advis ibility of ih& legal acts of the Board or to disregard and set at naught it lawful promise, contract and obligation. No statute gives him this negative power. To the contrary, it is his official d ity to ob serve the lawful directions ami com mands of the Board and to carry out its valid contracts. Such a duty U a necessary incident to his office. Any other result would attribute to the legislature the stupidity of giving to .the Board, the power to make thei contract and to the Superintendent, the power to cancel it. Suppose this was a proceedings by the Board to compel the Superintend ent to deliver the convicts1 in ac or la ice with the contrict. Can it be seriously questioned but that his obedience would he enforced by the writ? Assuming that the Board could sue out the writ to enforce this duty, there can be no well-founded reason to deny the use of tlie same reme ly to the party beneficially in terested. The contract expressly re quires the Superintendent to deliver. the convict labor, an 1 is to be con strued as a direction from tlie Board in that respect; a direction or com maud from a superior to an inferior officer in immediate charge of the convicts, whose ministerial duty must; put the machinery in motion to exe cute the contract. The writ onlv lie against the party whose legal duty it is to perform the act required, an I lor this reason the Board of Con trol is not a" necessary party to tlYis proceeding. No other remedy has been pointed out for the petitioner. In fact, there i- none. He cannot sue the Territory for damages, since the Sovereign caii- not be proceeded against in its own courts without its consent. It is apparent that an action for sp"cified performance could not be maintained, and'evsu if it could be, . ' r that is not such a remedv as is con templated by the statute. The exis tence of an equitable remedy consti tute. no impediment to the remedy by m indam'us. The other objections may be sum marily dispo ed of. The Act of the Legislature authorizing the contract does not create a debt, and therefore is not in contravention of the "Hani s m Act." It appropriates a sufficient s nn of the General Fund to carry out it. provisi ns. The appropriation is to take .effect as soon as the etpen es arH incum-d, an 1 op -rate in the nature of a c ish payment. In other w -rds, the appropriation anticipat-s the expenses aud discharges them as they arise. The act creates no special privilege or privileges; it is general in its terms and empowers the Board to make "such a contract with any'"responsible pet son or persons " No court may impose "hard labor" as a condition of punishment, uhless such power be specified by statute; but this doctrine has no application to th'e'.leasing out of convict labor un der legislative authority. The con viction of the prisoners has subject them to a constitu ional, involuntary eivitude, and their labor and the pro ceeds of it belong to the Territory, and may be dispo ed of in such wa as the legisla ure, in its discretion, may cetermine and to provide for the tensing i hereof is, unquestionably, "a rightful subject of legislation" within the meaning of our Organic Law. The act is criticised as being im politic, but the judiciary can only ar rest the execution of a statute when it plainly conflicts with some Consti tutional provision. It will not run a race of opinions upon points of right, re ison and expediency with the legis lature. The act is, therefore, v&iid. Power. Latest IT. S. Gov't Report wder The case then stand , that the pet!-' tioner has a clear legal right lo the enjoyment o' which an "official duty is oiug hr 1 denied to it; and there i-no other plain, speedy, and ade quate remedy in the ordinary course of the law. In such .t case, to prevent the failure of pimple justice, the writ will issue, and il is 30 ordered. A. C. Baker, Judge, Yuma, A. T., Nov. 9, 1895. Cure for Headache. As a remedy for all forms of Head ache, Electric Bitters'has proved to be the very best. It effects a permanent cure and the most dreaded habitual sick headaches yield to its influence We urge all who are afflicted to pro cure a- bottle, and give this remedy a fair trial. In cases of-habitoTal consti pation Electric Bitters cures by giving, the needed tone"" to the bowels, and few cases long resist the use of . this me Heine. Try it once. Fiftv cents and $1.00 at W. T. Gonder '& Co.'s Drug Store - - DDITIE ABOVE KILE. THE EIAER The Nile has a fall of but six in ches to the thousand miles! The overflow commences in June every year, and continues until August, -attaining an elevation of from twenty-four to twenty-six feet above low water mark, and flow ing through the "valley of Egypt, in .a turbulent body twelve miles wide. During the last thousand years there has been but one sud den rise of the Nile, that of 1829 when 30,000 people were drowned. After the waters recede each year, the exhalations fr;om the mud are dimply "intolerable "to all except natives This rand deposit adds about eight inches to the soil every cen tury, and throws a muddy embank ment from twelve to sixteen feet into the sea everv vear. This be- - - -. - i- ing the ca-e, it is plain that the mouth of the river is thousands of feet further north now than it was in the t'me of the Ptolemies, and it is only a question of time when the sediment will make a dam entirely across the Mediterranean Sea. Louis Republic. 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