The copper era and Morenci leader., 1916-12-22

sustained gOVernor-elect ThOS. Camp bells motion to quash the contest pro ceedings inaugurated by Governor Hunt
 The court held that because the sec retary of state has never issued cer- tificate of election to Campbell the court has no official knowledge of the result of the election, and is therefore without jurisdiction.
 Governor Hunt immediately took an appeal to the supreme court and it is expected that the matter will be taken up there tomorrow by stipulation. In the meantime the ballot inspection is suspended.
 Unless decision Is reached before January first or a court order is se- cured it is probable that both Govern or-Elect Campbell and Governor Hunt will claim possession of the office.
 On the face of the certified returns Campbell is elected by plurality of thirty votes. The governor alleges that enough improper ballots were counted for Campbell to insure Hunts reelection if they were thrown out.
 After the decision went against him at the morning session, Senator Ives tried to file superseadeas bond on appeal to the Supreme Court.
 The attorney for MT. Campbell said that they would waive the filing of such bond and at 1:30 Senator Ives then came into court and argued that his appeal had been perfected and that the recount should proceed. Judge Stanford held that as the court had no jurisdiction, no case had been started, there was no contest and . l- IL h whole proceeding.
 Senator Ives then asked until Il a. m. on Tuesday to apply to the Su-
 preme Court for a writ of prohibition to stop the court from stopping fur ther inspection of the ballot.
 The Hunt forces are badly discour- aged, not so much by reason Of the de cision today as by the fact that the re- count in Maricopa county has not dis closed the frauds and irregularities which they expected and because a number of ballots have been laid aside which eventually may be counted for Campbell and add to his plurality. Nothing to Contest
 The motion to quash the Hunt con- test proceedings, granted by Judge Stanford, was based on the fact that under the statute there must be de claration of result before the contest is brought, and there had been no de claration of result because the secre- tary of state had issued no certificate of election to Thomas B. Campbell, against whom the contest was brought The attorneys for MT. Campbell pro- duced numerous authorities to prove that the declaration Of result was in fact the issuance of certificate of election.
 No Provision in Law
 There is no provision in the law for a declaration of result. The statutes relating to contest proceedings refer to it, but there is no provision for it. The constitution provides that certi- ficates of election must be issued by the secretary of, state in accordance with the provisions of law. As this is the only act which can be construed as declaration of result, Judge Stan ford held that this constitutes the de claration of result, and there having been no certificate of election, there has been no declaration of result. AS the whole action is based on de- claration of result, it must therefor fall The recount falls with it..
 Hunts Only Course.
  peal, open to the Hunt forces was to get the secretary of state to issue the certificate of election to MT. Camp bell. He has been holding this up, giving one excuse or another. With a certificate of election, MT. Campbell will take the office of governor on the first of the year and Governor Hunt will be down and out
 The maneuyers of Senator Ives and Frank E Curley, attorneys for Hunt, were all directed toward preventing the issuance of a certificate of cleo ton, which must now be issued before they can bring new case in court. MT. Campbell will have ten days in which to answer the new proceedings. If the supreme court reverses the action of the lower court it must over rule it's own decision in the Osborn case, which was the action in which the right of officers chosen at the first state election to hold over was decid- 1 ed.
 PHOENIX, Dec 19 Following the denial by Judge Stanford in the Su-
 perior court this morning of an in junction to restrain Secretary of State Sidney P Osborn from issuing 1 a certificate Of election 10 GoVernor- elect Thomas E. Campbell, Senator Ives, counsel for Governor Hunt was given two more set backs in his ef- forts in behalf of the governor, these
 by the Supreme Court.
 Senator Ives went from the Su- nerior Court room to the Supreme
 Court at the capitol, where he ap- piled for writ prohibiting Judge Stanford from issuing an order in the matter of a supersedeas bond. in con- nection with the appeal of Governor
 Hunt from the decision of Judge Stan
 ford yesterday, which was that his court has no jurisdiction in a contest until the certificate of election is given The order, which he announc-
 ed he would issue this afternoon, the
 purpose of which would have been to
 ston the inSnection of ballots was