Bisbee daily review., 1917-01-05
Hunt Attorney Introduces a Motion Which Consumes Entire Day of Court and Counsel in Argument.
DECISION ON MOTION
 EXPECTED SATURDAY
Court Asks Attorneys Wheth- CT or Not They Were Re-
 sponsible for Report Which Appeared in Phoenix Paper
Special to the Review)


 PHOENIX, Ariz-, Jan 4.-The in troduction of a motion by E. s. Ives, chief counsel for Ex-Governor Hunt. and the argument of that motion be- fore the supreme court today delayed the hearing on the application for mandamus to cause Hunt to give up his office, fixtures and appurtenances to Governor Campbell. After a day given over to the discussion of Senator Ives motion to strike out certain DOT tions of the complaint, as not proper in a pleading of this sort, the court took the matter under advisement. The mandamus proper, is tentatively set to be argued Saturday, if at that time decision has been handed down on the motion to strike. MT. Ives stated in court that if the motion were denied, his answer filed in conformity with the stipulation in the superior court, would stand if the motion were sustained, he would, within an hour, submit an amended answer.
 The morning session was interrupt ed for a time by the discussion of an article appearing in a local paper re- lating to the complicated and involved matter of the gubernatorial success sion. The court desired that it be made known on the records, that neith- CT attorneys for the plaintiff or de- fendant in this suit, had had anything to do with the article, which dealt oil air was thought, in order to influence the court Judge Sloan, speaking for the Campbell attorneys, denied that he or his associates knew anything of the article until its appearance in print, and Senator Ives made a similar state ment Chief Justice Franklin then asked attorneys to secure information relative to the source of the article and to file their statements with the clerk. prior to the handing down of . decision. With this agreement the arguments were resumed.
 The court room was more than com. fortably filled when the justices and attorneys filed in. Among the specta- tors were some well known figures in official and political circles. J. LOT enzo Hubbell and c. Nj. Roberts, mem bers of the first state senate, conversed in one corner. State Land Commits sioner w. A. Moeur and former Coun- ty Chairman Jack White sat side by side in another. Messrs Ives and Frank Curlep appeared for MT. Hunt and Messrs Sloan, Campbell and Bull lard for the plaintiff, Governor Camp bell.
 Judge Sloan read the complaint, which recited a sort of history of the facts leading up to the demand for the office by Campbell. This included the fact of the election, those of the canvassing of returns by the boards of supervisors and transmission of the results to the secretary of state: the fact of the official return of the re suits of the election to the then gov ernor, and finally the fact of the issn- ence of an election certificate to Tom Campbell.
 The complaint alleges that on the face of the official returns, Campbell had received 27.976 votes and Hunt 27,946.
 MT. Ives then introduced his motion to strike, separate from his formal answer He called the mandamus writ an extraordinary remedy" and moved to strike out all of paragraph two of the complaint and part of para graph three, referring to other so- called bases of the presumption of Campbells right to the office, than the election certificate itself. He said the right to the office rested solely on what the secretary of state had is. sued. that there was no law providing that supervisors send the returns ro the secretary of state and that the lat l ter had no right to issue an election certificate.
 In the afternoon session. Senator Ives contended that the certificate was not necessary, but that commission from the governor was necessary. Hunt has issued several certificates within the past few days. SO that some state officials have these.
 There were references made by the Campbell attorneys in their reply to the contentious of the other side in other actions related to the governor ,
 Continued on Page Three)