Arizona republican., 1917-01-11
PREME COURT
NOW To DECIDE
MANDANUS CASE

1t is now up TO the supreme court to
decide who is the de facto governor Of
the state Of Arizona. After hours Of
arguing. quoting of authorities, and
almost endless clashes between op-
posing counsel. the mandamus pro-
ceedings brought to oust former Gov
ernor Hunt from his office at the
state house was submitted to the su-
preme court late yesterday afternoon.
and the opposing attorneys given till
today in which II file a list Of their
authorities
When court opened at one-thirty
yestesday afternoon, Judge Sloan,
counsel for Governor Campbell, filed
an amended complaint as per the
courts orders the day before. Sena-
tor Ives, attorney for former Govern
or Hunt. then filed an amended an
swer As soon as the Hunt attorney
had filed his amended answer, Judge
Sloan made a motion to strike certain
paragraphs. alleging to Governor
Campbells ineligibility to fill the Of
flee
Practically the remainder of the af-
ternoon was given over to arguing ON
the motion to strike.
Senator Ives made a lengthy argu-
ment, asserting that as Campbell had
not resigned as tax commissioner he
could not be sworn in as governor, or
perform or attempt to perform the
duties Of that office. Senator Ives
pointed out that the law says no man
can hold two offices at the same time.
Perhaps the biggest sensation Of the
afternoon came when, in solemn earn
fftr " cfafI
bell had resigned as tax commission
er, and asked Governor Hunt for
commission as governor ELECT. l am
positive that he would have granted
I. In fact, as matter Of policy I
should have advised him to do so.
When Senator Ives had finished that
statement there was a decided stir
among the large audience, and more
han one smile Of incredulity passed
across republican countenances.
Following Senator Ives argument.
Frank E. Curley. took up the cudgels
N behalf Of former Governor Hunt
devoting the major portion OF his time
10 citing authorities in support Of his
ontention that Governor Campbell
mas not qualified for his office.
Judge Campbell of Tucson. attorney
for Governor Campbell. followed Mr.
w. "uNHt Ndiiljbtt HldQt TeDiN TO
the argument that Governor Campbell
was not qualified. by reading the re-
quirements which must be met by
man who desires to hold office in the
state Of Arizona
Judge Campbell stated that Govern
or Campbell had ceased to. be tax
commissioner upon his accession to
he'governorship and said that it was
Impossible for man to hold two Of
fices and when he accepted one. he
automatically dispossessed himself Of
the other. At this juncture Judge
Campbell was interrupted by Senator
Ives, who said:
Judge, allow me to ask you one
question"
Very well" was the reply.
When, continued Senator Ives.
did Mr. Campbell cease to become tax
commissioner; can you name the exact
date?"
Certainly" replied Judge Camp
bell He ceased to be tax commits
sioner the very minute he was sworn
N as governor, which 1 think was on
the first day Of the year. or on the
fourth as you prefer to state it,"
chief Justice Franklin then inter-
fered, and insisted that Judge Camp
htAi tt SANtl an opportunity TO con-
tinue his argument without Interrupt
tion.
The judge then proceeded to reply
to Senator Ives statement that he
would have advised former Governor
Hunt to issue a commission of cleo
tion to Governor Campbell providing
he had resigned his office as tax COM
missioner.
He stated that Senator Ives would
have advised the governor to issue
the commission as a matter of policy
As a matter of policy, the judge re-
piled it would have been all right. and
he implied that the senator was ad-
vising that move as a political ex-
pedient, While he and Judge Sloan,
Mr.. Campbells attorney, were at
tempting to fight this case, not as q
matter of political policy but in order
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