Arizona republican., 1917-01-28
The Decision


 The decision is the work of Chief .Jus- tice Franklin. It covers IS closely type- written pages and goes into the case from every angle. In the very first par agraphs the court explains why it was so long in arriving at a decision The equity of the court" says Chief Justice Franklin" must from the most trivial tO the most solemn occasions be strict even to apparent severity, whence par tiality and prejudice are totally to be excluded and the true state of the law alone so far as it may have light to dis cern It, preside in it's tongue. To this end we must give it that same patient and conscientious attention before pro- nouncing judgement. that every case presented in this court deserves, no matter what the matter involved"
 Summing up briefly, the court has decided that beyond the peradventure of doubt. the person receiving the highest number of votes cast for the office of governor is the lawful goVer- nor of the state. and that the canvass of the results as announced by the sec retary of state or the issuance of a certificate of election, in fact any or all of these things do not invest any one with right which belongs to another, be the goVernorship or any other office in the balance Further more, the court sustained the 'conten- ton of Gov. Campbell's attorneys that when the governor was sworn in as the chief executive of the state, he au- tomatically created a vacancy in the tax commission. Justice Cunningham dissents, claiming Gov. Campbell may be de jure tax commissioner if not governor
 Although the decision does not grant the writ of mandamus asked by Gov Campbell's attorneys, it contains written invitation for former Governor Hunt to give up his office it's books, paraphernalia, etc, without the court being forced to resort to issuing the writ and compelling him to withdraw
 In this regard, the decision has the following to say:
 Finally I am of the opinion that plaintiff is entitled to the writ prayed but that it is unnecessary to issue it instantly. 1 am convinced that upon being made acquainted with his duty under the law as uttered by this court, the defendant will gracefully yield a temporary possession to depend upon a judicial determination of the ulti- mate right. This is but that deference and respect due from the supreme power in one department of the gov ernment and which this court has and will show, to the highest authority ip another and coordinate branch there of The distinguished citizen in high station now in possession of the office belongings in good faith is convinced of his duty under the constitution and laws to retain the possession of the place. subject to the judicial remedies, and this is not an improper temper, under the circumstances, to the end that he may lose no rights by volun- tary surrender on the ground of es- toppel or otherwise. If upon judgment the defendant is successful in the con- test, the power of the law will prompt ly reinstate him; if not that same power will recognize the plaintiff, if successful, as the lawful officer and submerge his defacto character which now attaches into that of the de jure governor, having the ultimate lawful right and just title to the office If it should become necessary however, a showing may be made to that effect 1 and the writ prayed will then issue as i a matter of course.
 In explanation of issuing the writ of mandamus. Chief Justice Franklin takes the oposite stand to that of Jus tice Cunningham. The chief justice declares that Governor Campbell, be- ing in possession of the prima facie evidence of election to office, could take no other action than asking for a writ. In this regard. he has the fol- i lowing to say:
 If the law provides for a canvass 1 and a certificate of election as evil dence of title to an office it is a clear | principle of law deducible from all the