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The Winslow Mail.
J. H. CHAPMAN, Editor. Entered as second-class matter at the postoffice of Winslow, Arizona, under Act of Congress of March X, 1879. Published every Friday. Sub cription, $2.00 per year. Friday, ... - March 31, 1916. Supreme Court vs. Supervisors. At the last session of the board of supervisors that band of statesmen, with the legal as sistance of the learned county at torney, having satisfied their mind that the editor of the Win slow Mail is a tax-payer, nassed the following order as relief to their troubled minds: - "Purchase of county law library having been made in good faith, at lowest prices obtainable, and purchase having been made according to Ari zona statutes, and there being no reason for such actiqp, request of J. H. Chapman that board file suit to recover purchase money, is hereby de nied.” It should be comforting to the people of Navajo county to know that the supreme court of the state of Arizona has no final jurisdiction in matters arising in this county, and that their deci sions can be set aside by resolu tions of the board of supervisors. Less than sixty days ago the su preme court handed down an interesting opinion in the case of the supervisors of Greenlee coun ty, appellants, vs. Jas. V. Parks, appellee, on appeal from the judgment of the superior court of Cochise county, and for the edification of the board of super visors and the brilliant county attorney, who is drawing down a salary regularly as the suppos ed legal guardian of the rights of the tax-payers, we quote from the opinion of the supreme court. This case arose from the misap propriation of money by the supervisors of Greenlee county, when they appropriated $250 to the clerk of the board for mak ing a duplicate assessment roll for the county, and appropriat ed $65 to pay the expenses of the county engineer to attend the Good Roads convention at Pres cott. The Court says: “It is the con tention of the appellants on their assignment of error that the moneys directed by them, as the board of supervisors of Greenlee county, to be paid out of the funds of the conuty were authorized by law and that, if they were not authorized by law, in auditing, allowing and direct ing the payment of such sums of money the board was acting in a quasi judicial capacity within the scope of their authority and with out corruption or malice, and in accordance with their honest con victions as to their duties.” Quoting Paragraph 955 of the statutes, the Court countinues: “Under the express terms of this statute the fact that the board may have acted in a judicial manner, or that its members may have been honest and con scientious in their belief of their right to pay out the sums of money charged, cannot in the least - affect their liability for money paid out “without authori ty of law.” If the members of the board would avoid personal responsibility for salary, fees or other sums of money paid out by them, they must ascertain if such payments are for a purpose authorized by some statute or law of the state. Good faith and honesty of purpose is no de fense to a law suit to recover money paid out without the law’s sanction. The announcement of this rule may seem harsh, but we find it in the legislative act and, of course, are bound by it. It remains for us to determine whether the sums of money sued for by the appellee were paid out “without authority of law,” and if so the judgment must be affirmed even though the sums were paid out for a most laudable purpose and with beneficial results to the county.” The judgment of the lower! court entering a verdict in favor* of the appellee for the sums sued for, together with interest and penalties, and 40 per cent thereof as attorney’s fees was affirmed. For the benefit of the county attorney we will say this case will be found in the 17th Arizona or in the 154 Pacific Reporter as soon as they are is sued. Evidently the only law and court decisions he reads are found in the Sapp library, which was originally assembled for use in Oklahoma in the pioneer days when brains were not an essen tial in the practice of law, and all that was necessary was an unmitigated gall and a shelf full of antiquated law books that could be bought in any second hand book store for 50c a volume. The Winslow commercial club is in danger of taking on too much ballast to be effective in its work if it continues the policy of endorsing every bond issue proposed by an individual or individuals, especially such as are sprung without mature delibera tion by the tax-payers generally. Only a few weeks ago the club, after a thorough investigation of the needs of our public schools, passed a resolution directed to our school-board requesting them to call a $35,000 bond election. This election has not yet been called, but probably will be by June or July, about the same time that County Attorney Jor dan expects to get his supervi sors to call his $125,000 bond election, and it requires but very little reasoning to discern that a multiplicity of bond elections sim ply means the defeat of all of them. The city council are con sidering calling a bond election for a new city hall, which will be held about the same time as the other two. It would be better for the interests of Winslow if the commercial club would cen ter its influence on one thing at a time, and push it to a successful issue, rather than scatter their influence so wide as not to be effective. Why endanger our school bond and city hall bond flection, both of which are sore ly needed, by shouldering a bur den of a big county bond propo sition at this time. The young man who stands around on the street corners smoking a cigarette and retailing vile stories, the while boasting of the fact that he has never been to a church or Sunday school since he was a kid, no doubt nurses the idea that he is possessed of superior strength of character and intellectuality, and is satisfied with his own good opinion of himself. Such a young man, if he ever expects to make anything of himself higher than a common street loafer, had better take a day off for self analysis, and he will see all too plainly what is apparent to every body else. Any young man who makes light of his mother’s re ligion and boasts of it is a mental derelict, and has no place in the scheme of the world’s advance ment. Attending church and joining the church are two dif ferent propositions, and no good reason has ever been advanced i why a young man, or woman either, should not attend some church at least once every Sun day. It may be a surprising rev elation to these young men to know that they are not fit to be a member of any church in their present state of mind and intelli gence, any more than an eighth grade pupil is fitted for college. The Bible is one of the classics, even if you rob it of its tradition as an inspired work, and it is in the Sunday school and the church, you absorb a knowledge of its perfect diction and beauti ful phrasing. Listening to any minister, however humble his efforts, broadens your education and awakens your spirit to a deeper study of the Book of Books, and it is then only that you are fit to even contemplate uniting with a church and be a credit instead of a disgrace to the organization. Probably? probably when the supervisors meet in April they will take another look at that al leged bill of sale for Judge Sapp’s law library purporting to be ex ecuted by the Merchants and Stockgrowers bank, but signed only by Judge Thomas. But they will only look at it and do nothing. Judge Thomas, with impressive dignity, will explain that the little oversight in fail ing to have the president of the bank sign the document is un important and immaterial; and our learned county attorney will hand in a weighty opinion that a president does not have to sign a bill of sale in disposing of bank property notwithstanding the law says he must; and Judge Sapp may drop in with his bea tific smile to metamorphose the supervisors—and away goes an other statute of the state of Ari zona. The board will pass an or der that the law prescribing how corporate bodies shall dispose of property is void and of no effect, and is hereby repealed. By following the suggestions and legal advise of County At torney Jordan our friend Super visor Cresswell even voted to legislate himself out of office, as he will discover by getting an opinion from the Attorney Gen eral of the state. When Mr. Cresswell was elected his vote entitled him to hold his office for four years, but he was inveigled into voting for districting the county into three supervisor dis tricts, which automatically cuts his term to two years, and he will have to be a candidate for re-election this fall if he hopes to continue in his job. Some time ago we suggested that a good legal adviser was a handy convenience to have around, and we are willing to be a patriot and devote a part of our time to the cause if requested. IN THE SUPERIOR COURT OF the State of Arizona, in and for the county of Navajo. Navajo-Apache Bank & Trust Co., a corporation, plaintiff vs. Cyrus E. Galatin and Fannie L. Gallatin, defendants. No tice for Sheriff’s Sale. Under and by virtue of an special execution and order of sale issued out of the Superior Court of the State of Arizona, in and for the County of Navajo, upon the 28th day of March, A. D. 1916, and to me as Sheriff of saidy county and State dully directed and delivered on the judgment rendered in said Court in the above entitled action on the 23rd day of February, A. D. 1916, for the sum of $502.00, with $37.65 interest thereon to date of judgment, together with interest on the principal sum from date of judgment until paid, and attorney fees in the sum of $53.96, and the further sum of SIO.OO costs, and taxes paid by the plaintiff herein, and the foreclosure of all the right, title, interest and claim as against the above-named defen dants, or either of them, upon the premises described as fol lows, to wit: Lots nineteen and twenty, in Block One, Townsite of Winslow, as surveyed and platted by J. A. Williamson, Trustee for the Atlantic and Pacific Railway Company, being in Navajo County, State of Ariz ona, together with all and singu lar the rights and appurtenauces thereunto belonging or in any wise appertaining. Public notice is hereby given that I will, at the door of the Court House of the said County of Navajo, at the hour of two o’clock P. M. on Satarday, the 22nd day of April, A. D. 1916, sell at public auction to the highest and best bidder for cash in lawful money of the United States, all the right, title, claim, and interest of the above named defendants or either of them, in. of, and to the above described property, or so much thereof as may be necessary to satisfy said judgment, interest, attorney fees, taxes, costs of suit, and all accruing costs. Dated this 27th day of March, A. D. 1916. j R. L. Newman, Sheriff. ; LODGE DIRECTORY WINSLOW LODGE NO. 536 B. P. 0. E. Meets every Thursday at 8 p. m. at Elks’ hall G. E. Cornelius, E. It. Geo. P. Sampson. Sec’y. A. F. & A. H. Regular meeting second Tues day each month. All sojourning brothers cor dially invited. C. C. Easley, W. M. R. C. Kaufman, Sec’y. I. 0.0. F. NAVAJO LODGE NO. 27 Meets every Monday evening at 8 o’clock in L. 0. T. M. hall Elks’ building. Visiting brothers welcome. TEMIPLE CHAPTER NO.BR. A. H. Meets every Second and Fourth Saturday. Visiting breth ren always welcome. J. R. Hunter, H. P. D. P. Hartigan, Sec. E. P. CONWELL Lawyer General Practice Office Upstairs in Marlay Block, 218 Kinsley Ave. THORWALD LARSON Attorneyand Counselor At Law. Holbrook : : : : Arizona C. H. Jordan Attorney-at-Law Holbrook * - - Arizona The Winslow Furniture Co. Wishes to announce the arrival of a Carload of Square Brand Furniture. A Large We are in a posi- LinC of tion to show you . Sets in Fumed and Latest Design Wax for Dining Rockers Room and Bed and Chairs. Room. New Line We extend a cordial Invitation to Library all to come in and ( J will take pleasure I ableS and in showing you our n. infold New Coods wheth- UUOtOld er you wish to buy Couches, or hot. Winslow Furniture Co. Electric Theatre Saturday Apr. Ist. Sunday Apr. 2nd. OFFERS The Illustrious Dramatic Star Helen Ware In GEORGE BROADHURST’S Thrilling and tense Dramatic Document “THE PRICE” A stirring, heart interest film tale, replete with grip ping climaxes and vivid situations Five Big Acts 300 Scenes. ADMISSION 10c AND 15c. If you want first-class coal buy DIAMOND COAL We Sell and Deliver 2000 pounds for a Ton. City Fuel and Transfer Co. Jesse L. Lasky Presents The Noted Dramatic Star LAURA HOPE CREWS In a most elaborate picturiza tion of “BLACKBIRDS” Miss Crews in the role of Queen of the Smugglers in which she appeared a whole season in New York No finer production in the his tory of the photoplay than ‘ ‘Black birds, ” with its story of interna tional smuggling and oriental mysticism.