Arizona republican., 1917-01-28

portion of trust or profit during his term of office. but the effect of the provision is that if member of the tax commission does so, he by that very act vacates his office as tax com nnissloner-creates vacancy in the tax commission. At common law if q person while occupying one office ac- cepts another incompatible with the tlrst he ipso facto vacates the first of flee, and his title thereto is thereby terminated without any other act or proceeding. If necessary, mandamus would issue to install his legally ap- pointed or elected successor"
 During his argument before the su- preme court on January II, Senator Ives, chief counsel for former Gov ernor Hunt, maintained that he had il upon the authority of two account ants that the former governor was dhead In the count, and that for his reason he should not be expelled from his office. In answer to this Grgu- ment, Chief Justice Franklin says:
 The other matters going to the be- lief of the defendant that he received the highest number oi legal votes cast It the election and is therefore law tul governor of the state cannot under the law in this proceeding be per
 
 part o1 the plaintiff that he has been declared by the proper canvassng of ticer to be elected to the office. that he has received the proper certificate of election and is duly qualified If it could be established here that the defendant was in fact elected gov ernor. mandamus. of course. would not issue. but the insurmountable diff culty is that such fact cannot be de- termined here, but must be adjudicated in another proceeding and before an- other court. The canvass and certifi- cate of the secretary of state are no evidence of whom was in truth, elect ed, but prima facie evidence of the re- suits, and they constitute the highest evidence of the prima facie title winch the law requires. We are lim- tied strictly to the issues involving the prima fdcie right or title only, and herein is comprehended the necessity for prompt and efficient remedy ol mandamHs."
 In case former Governor Hunt is sue cessful in his contest against Gov ernOr Campbell. now pending in the superior court, he will lose no pay or emoIuments by his abesnce from of- flee during the preiod which Governor Campbell will preside as chief execu- tive. The court makes this matter plain in the following language: If successful in the contest, the defendant toses no right by- doing this, not even the salary and emOluments of the of flee while out of possession, for under the law one holding by virtue of the prfma facie title only, where it is con- tested, is. under the circumstances. a nlakeshift merely"
 1t is not known when Governor | Hr .I.r.ll ffice in the state house. Leroy Ladd. secretary to former Governor Hunt, stated last night that arrangements had been made for Governor Campbell l to take over the office at o'clock to- | morrow morning.
 ] Chairman Maddock of the repub- 'ican state committee, who is to Gov i rnor Campbell and the Campbell in- 1 terests in the contest what MT. Ladd IS to MT Hunt, said last night he had received no word about the transfer | of office by Hunt, but that authority 10 designate time for the transfer lay | strictly with Governor Campbell and lis official family.
 Campbell headquarters-the official executive chambers in the Campbell fesldence-were apprised of the de-
 cision Of the supreme court by Con Cronin, who called up from the library.
 Malcolm Fraser, secretary to Governor campbell. broke all records getting tO
 the state house, where he found the only two copies. of the decision given out tthat time'in the hands of Henri
 fehoteguy, a newspaper man.
 The two decisions, in company with
 the two men, then started on q tri-
 mphal march down town. There
 chanced to be no street car handy, s1
 Fraser hailed passing automobile
 stating to it's owner that he had copy of the decision, and desired to go dowr town. Anybody. who has such ere dentials is entitled to a ride" quoif the driver. Get in
 The decision was received with wide spread satisfaction. not only in repub- iican circles. but throughout the city Hundreds of wires and telephone call: went in and out of Phoenix regarding the event.
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