William Howard Taft

“ The act further provides (section 5 [Comp. St. § 4704] ) that the entryman upon lands to be irrigated from the government works shall, in addition to compliance with the homestead laws, reclaim at least half of the total irrigable area of his entry for agricultural purposes and before receiving a patent for the lands covered by his entry shall pay to the government the charges apportioned against such tract as contribution to the cost of the works. The Secretary is authorized to fix a limit of area of land per entry representing the acreage which may reasonably support a family. ”

“ The entryman is required to clear the land entered of brush and other incumbrances, to provide the same with lateral ditches for its effective irrigation, to grade the same and put it into proper condition for crop growth, and to plant, water, and cultivate, during the two years next preceding the time of filing his final affidavit, half of the irrigable area of his entry, and to grow satisfactory crops thereon ”

“ Every two years, either one or two members are elected, but the retiring members hold until their successors are elected and qualified. Code, pars. 2399, 2400. The motion should be granted so far as it asks the substitution in case of the two supervisors, unless it appears that, under the averments and prayer of the bill, an injunction against the board of supervisors alone will not aid the plaintiff. ”

“ As to the latter, collection of all taxes assessed prior to filing the bill, and all future assessments for taxes on their interests as entrymen until final certificate shall have been issued to them by the United States government, will be illegal, and the foregoing defendants should be enjoined accordingly. ”

“ These successors, the present officers of the county, the appellant asked to have substituted as appellees in this case. The motion was inadvertently granted. The order granting it must be in part vacated.
A suit to enjoin a public officer from enforcing a statute is personal, and, in the absence of statutory provision for continuing it against his successor, abates upon his death or retirement from office. ”

“ The argument is that this puts such an interest as the entrymen has in the lands in the same category as mining claims, which have always been taxable. Elder v. Wood, 208 U.S. 226, 28 Sup. Ct. 263, 52 L. Ed. 464. We do not think that mining claims present a convincing analogy. ”

“ Ct. 375, 49 L. Ed. 540, it was held that the statute authorized such procedure in the case of a territorial judge appointed under a law of the United States. But no authority exists for the substitution of successors of state officers in such cases. We have examined the statutes of Arizona and find none in them. The Arizona Civil Code contains the following:
'Par. 461. An action shall not abate by the death or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. ”