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place all as may be determined and designated by said Loan Commissioners. Each bond shall specifically recite that it is issued in anticipation of State taxes heretofore levied for the fiscal year (herein insert year for which taxes are levied) and that it is payable solely from the proceeds of such taxes and is issued pursuant to this Act, naming the title hereof.

Section 3. The total amount of such bonds including both principal thereof and interest thereon issued for any fiscal year shall not exceed seventy-five per cent of the amount of State taxes for such fiscal year which are uncollected and not in the State Treasury at the time such bonds are issued providing that not more in aggregate than seventy-five per cent of such uncollected taxes shall be issued in such bonds or in warrants as provided by any other law of the State of Arizona.

Section 4. Such bonds shall be authorized by a resolution of the Loan Commissioners who shall fix the manner, terms and conditions for the sale thereof and shall prescribe the forms of the bonds and the form of the coupons representing the interest thereon, and the manner in which the coupons shall be signed.

Section 5. The funds arising from the sale of said bonds shall be used solely for the purposes for which such taxes are levied.

Section 6. When such bonds are issued in anticipation of the collection of taxes so levied, then all such taxes collected shall be kept by the State Treasurer and used by him solely for the purpose of paying such bonds and the interest thereon until all of the bonds issued in anticipation of such tax collections shall be paid in full, both principal and interest, and such bonds and

the interest thereon shall be payable from the taxes so collected, but such interest may be paid by the State Treasurer, out of the General Funds of the State.

Section 7.

The holder of any bond issued herein in his own name and on his own behalf, or on behalf of all other such bond holders, by mandamus proceeding in the Supreme Court of the State of Arizona, may compel the performance of any duty imposed by this Act, which duty any officer has failed to perform.

Section 8. The provisions of this Act shall apply to all uncollected taxes for the years 1922, 1923 and the first half of 1924.

Section 9. There is hereby appropriated the sum of five hundred dollars ($500.00) to carry out the provisions of this Act, which shall be paid upon duly itemized and sworn claims approved by the secretary of the loan commission, to the State Auditor, who shall draw his warrant therefor on the State Treasurer, who shall pay the same out of the General Fund.

Section 10. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Section 11. Whereas, an early operation of this Act is required to preserve the public peace, health and safety, an emergency is hereby declared to exist and this Act is hereby exempted from the operation of the referendum provisions of the State Constitution and shall take effect and be in full force and effect from and after its passage and its approval by the Governor.

Approved March 13, 1923.

CHAPTER 67

(House Bill No. 140

AN ACT

FOR THE RELIEF OF EDWARD J. HARRINGTON, TO REIMBURSE HIM FOR SERVICES RENDERED, AND OUTLAYS MADE AND FOR PROPERTY APPROPRIATED BY THE AGENTS OF THE STATE, AND MAKING AN APPROPRIATION THEREFOR.

Be it Enacted by the Legislature of the State of Arizona:

Section 1. That WHEREAS, by written contract of date September 20, 1920, EDWARD J. HARRINGTON, on his own behalf but under the name and title of Western Building & Construction Company, entered into a contract with Thomas Maddock, State Engineer of the State of Arizona, to construct a reinforced concrete bridge across Granite Creek on the Prescott-Jerome Highway, Federal Aid Project 19-B, and

WHEREAS, the plans for said work showed that the depth of the excavation necessary to be made in the creek over which said bridge was to be built for the purpose of placing therein the pier upon which to rest the bridge, was approximately ten feet from the bed of said creek to bed rock; whereas it was and is much deeper to bed rock, the exact depth being unknown, and under said contract the said Harrington excavated a distance all told of nineteen feet, pumping extraordinary quantities of water without reaching bed rock at which depth it was necessary to put in piling, and by reason of the premises the cost of doing said work exceeded the amount of the contract price in the sum of $4,513.81, not at all

compensated for by any profit on said contract upon which contract as a whole said Harrington sustained loss in a greater sum than the entire amount herein granted, and

WHEREAS, the said Harrington, in filing his proposal to do said work and in entering into said contract, relied, as he had a right to rely under his contract upon the approximate accuracy of the plans prepared by the State Highway Department, and that the depth to bedrock had been estimated in good faith whereas in truth and in fact though professing so to obtain such information with approximate accuracy, there was an entire omission on the part of the agents and employees of the State to secure any information concerning that detail of said plan, and,

WHEREAS, the State Highway Department. has promised to make the said Harrington whole for the outlay and,

WHEREAS, also certain lumber of the said Harrington which was brought by him to the place in question for use on the job was in fact used by the State for its own purposes which lumber had a value of $981.20, and

WHEREAS, the State having received the benefit of said services and having used said lumber, is under a moral and equitable obligation to reimburse the said Harrington for the benefit received by the State in the premises, there is hereby appropriated from the general fund of the State of Arizona from any moneys not otherwise appropriated, a sufficient amount to pay the said Edward J. Harrington the sum of $5495.01;

Section 2. The State Auditor is hereby authorized upon the claim of the said Edward J. Harrington filed with him hereunder, to draw his warrant upon the State Treasurer for the sum

herein specified, and the State Treasurer is hereby empowered and directed to pay the same out of any moneys not otherwise appropriated.

Section 3. All acts and parts of acts in conflict with the provisions hereof are hereby repealed.

Approved March 13, 1923.

CHAPTER 68

(Senate Bill No. 132)
AN ACT

PROVIDING FOR THE PAYMENT OF STATE WARRANTS AND AUTHORIZING THE STATE LOAN COMMISSIONERS OF THE STATE OF ARIZONA TO ANTICIPATE THE COLLECTION OF TAXES LEVIED FOR STATE PURPOSES BY AUTHORIZING THE AUDITOR OF THE STATE TO ISSUE WARRANTS FOR REGISTRATION PAYABLE SOLELY FROM THE PROCEEDS OF SUCH TAXES; FIXING THE RATE OF INTEREST TO BE PAID ON SUCH REGISTERED WARRANTS; PROVIDING A DUE DATE THEREFOR; AUTHORIZING THE ISSUANCE AND PRESCRIBING THE FORM OF TREASURER'S CERTIFICATES AMOUNTS OF FIVE HUNDRED DOLLARS OR MORE IN PAYMENT OF SUCH WARRANTS: AND DECLARING AN EMERGENCY.

IN

Be it Enacted by the Legislature of the State of Arizona:

Section 1.

Whenever the Legislature shall have made appropriations for any fiscal year as

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