Arizona republican., 1916-12-20

the benefit of the court what had trans pired in Judge Stanfords court in the moru.ng. The court asked the attor- Hey general and Mir. Ives if it was true that they had opposed Judge Sloan's application for leave fo intervene ia the injunction suit in the superior court in the morning.
 Ives and Jones Backtrack
 Both of them denied having done SO. The court then stated that they would permit counsel for Mr. Campbell 10 ap- pear and to be heard fully to the same extent as though Mir Campbell had been made parry of the suit.
 The court stated also that they de- sired the fullest opportunity for the presentation Of the case and would not be hurried into determination. Chief Justice Ross then announced that at o'clock they would announce whether they would advance the case and what would be&dune as to It's setting
 Case Set for Dec. 2S
 Al 1 o'clock the court e-convened and announced that they had decided Go set the ease down for the 2Sth and that counsel should be prepared at that time. if possible. to 50 on with the oral argument.
 Case Is Right Tangled
 Al the hearing of Governor Hunts injunction suit against Secretary of State osborn before the supreme court yesterday afternoon. the situation of a three-cornt fight developed. with every one hitting the other fellow. Senator Ives representing the govern or Was trying to prohibit Osborn froiu issuing certificate of election Judge Sloan and George Purdy Ballard were 4stf d in the meantime the governors contest started in the lower court had lan- guished due 10 the fact that there was no certificate The whole case to the non-legal mind was SO hay. that at times if was almost impossible to figure out just what the attorneys were arguing about Senator Ives. Mr. Sloan and Mir Bullard almost admitted once that they were going around in a cir cle. and at the courts suggestion were about to settle the matter of the in- junction. but some one baked and the argument in the case wag set for hear Ing oa the 2sth of this month.
 The injunction case broke into the supreme court late in the morning. 3hen Judge Stanford of the superior court refused to grant the injunction applied for by Senator Ives. seeking to restrain the secretary of state from issuing Mir. Campbell q certificate of election. The case was at once taken into the supreme court along with an- other case. instituted by Senator Ives wherein the governor is asking for the writ of prohibition against Judge stan ford.
 The supreme court informed the at torueys that it would be ready to take hn rfrff .fr.ss afternoon and at four o'clock the hosts had gathered Chief Justice Ross an- nounced that unless an agreement was reached between the attorneys. the case would be set for argument on the the 2sth Then the long talk starter
 Is Certificate Necessary
 Justice Ross announced that as far as Inc court was concerned it did nof believe that Q certificate of election was necessary for NIT. Campbell to take offic on the first of the year. that a certificate was merely a written no- tice of what had taken place, and in no way affected the ultimate result. that If the secretary Of state had made the official canvass. and had declared ' the result to the governor. Judge stan | ford had erred in quashing the pro- : ceedings in the lower court. In other words the supreme court held that Os- bOrn's declaration 10 the governor was practically the same things as a cer- i tificate of election.
 The court stated that it was their impression that no injunction could prevail against the secretary of state issuing a certificate of election that if te had canvassed the returns and de clared the result as required by law. fr.f xNat I. .f It4f.r ta fogr,o cate. They also implied that they would not go behind the returns in this case. but would only inquire as to whether on the face of the returns MT Campbell was elected. If they found that this was the case, then 1t was un- doubtedly the duty of the secretary to issue the certificate. They also de- clared that if the secretary of state had declared Mir. Campbell to be elected that 1t was immaterial whether or not he had been issued d certificate but that in that case Mir Campbell would be the governor elect until the returns as certified to by Osborn were overcome by the results of the contest proceedings.
 Judge Sloan then stated to Senator Ives that if the secretary of state would immediately issue the certificate or election to MT. Campbell. that he would agree to the immediate rein statement of contest proceedings. MT Ives was plainly in a box, and was al. most on the point of giving in. Fol a few minutes it looked as if the whol, matter was to be decided,a and Judg, Ross was quite enthusiastic. but MT Ives refused to concede this point
 Mir Buliard turned to the audience and looked for Secretary of State Os born, but the secretary had slipped out. when it started to look as if some one was going Co ask him if he woult issue the certificate. He stood out side the door until the argument turne, ' round to some other point and thei