El Paso herald. (El Paso, Tex.) 1901-1931, 1917-01-29
WINS
IN HIGH COURT.
Arizona Court Holds Repub-
lican Candidate Entitled
To Governorship.

Phoenix. Ariz, Jan. 2s.-The Arizona
supreme court, justice Cunningham
dissenting. has decided that Thomas
f. Campbell, Republican. is entitled
10 the possession Of the office Of gov
ernor, pending the result of the con-
test filed by G. W. P Hunt, Democrat
the incumbent.
Two Main Propositions.
The decision, which covers 10 type
written pages, was written by chief
Justice Franklin. and was concurred in
sv Justice Ross. Justice Cunningham,
who frequently IS found opposed TO his
colleagues, dissented- Sitted out or
the mass Of pleadings. two main propo-
sitions were before the court at the
last-whether Campbell was entitled
to the office through possession OF a
certificate of election. issued by the
mad failed to qualify himself for the
office by proper surrender OF the place
of state tax commissioner by him held
prior To December 81 In the former
the court held that the secretary mad
to declare the result as certified 70
'--'''' Plurality of Thirty.
The figures at hand showed that
Campbell had a plurallty OF 81 oVer
quaIifiedly accepted the new office,
having taken the oath of office as
governor and offered himself for the
duties Of the new position, thus eI-
fectually vpcating his commissioner
The decision recites: The canvass
and certificate of the secretary OF state
are no evidence OF who was IN truth
elected, but they are prima fdcie evil
dence OF the result and they constitute
the highest evidence Of the pri1na facie
title that the law requires
Does Not Settle Contest
1t is specifically stated Il at the de-
cfsion does not determine who IS
elected governor. That must be ad-
Indicated in another proceeding and be
fore another court The defendant
cannot be. permitted in this action TO
overcome the showing on the part o.
the plaintiff that he has been declared
by the proper canvassing officer to be
elected to the office. that he has re-
ceived the proper certificate OF cleo
ton and is duly qualified"
The statement also IS made that the
plaintiff must not consider himself
seated other than temporarily, pending
decision on the main issue, to be deter
mined by the recount now In progress
before the superior court OF Marlcopa
county.
Justice Cunningham stated his
opinion that a change at this time
would involve greater injustice from
issuing the writ than from refusal
The necessities OF +he case did not re-
quire peremptory action The issue
involves trial of right to pos
session and ne inferred that the plain
tiff should wait for full determination
Of the contest action Also, he sus-
tanned the c. ltentiOn that Campbell
had not relinquished properly the office
Of tax commissioner
Governor Campbell appeared at the
capitol at 2 o'clock this morning. ac-
ccmpanied by his secretary, Malcolm
Fraser, former secreta-v OF the FL PasO
cham Der Of commerce There was no .
0ne at the executive office except Leroy
I-add. former governor Hunts secre- (
-ary. who greeted the new governor, I
Hunt declining to be present
Plans Few Changes
Gov. Campbell states that ne pro-
poses 10 make few changes now in Of
fetal personnel. unless compelled so /