Arizona republican., 1917-08-04
WILEY [. JONES
 SAYS HARRIS |S
 STATE OFFICER

In an opinion rendered by Attorney Genera Jones yesterday, at the request of Adjutant General Harris, the latter is still the adjutant general and sug gestion inferred that only death can create a vacancy in that office. Fur ther, that the office may not be abol- ished by the governor.
 The opinion follows:
 August 3, sl917. Hon. Chas. W. Harris,
 "Adjutant General,
 Phoenix, Arizona
 Dear Sir: Replying to your request of recent date for an opinion as to whether or not vacancy exists in your office by reason of the governor de- claring it vacant, l wish to call your attention to Paragraph 160, Revised Statutes of Arizona, 1913, which pro vides that, every officer must continue to discharge the duties Of his office, al though his term has expired, until his successor has qualified
 "On pages S2 and S3, laws of 1917, l find that by law the adjutant general is made secretary of the state normal and high school cadet commission and that the adjutant general must approV all expenditures provided in that act l ilc stuJuldIl general IS dlSO ptdCtu III charge of legislative enactment of the rifle practice and is required to inspect the cadet organizations
 Also the services of the adjutant general are necessary to carry out the provisions of the military code for the payment of the expenses therein au- thorized by the law.
 Section 3900, Revised Statutes Of Ari- zona, 1913, provides, that the adjutant general shall control the mi itary de- partmcnt' md this section gives thc adjutant general of Arizona large row CTS of control over the military depart mcnt and places all state properi of this department in his charge Tn. ad 70 jutant general is authorized by law to turn this property over only to his uc- cessor in office, regularly appointe in accordance with law.
 The governor has the power of ap- pontment of the adjutant general, in case of vacancy, only upon the rec concentration of the general staff as provided in section 390G, Revised Stat utes of 1913.
 Section 6, chapter "A, laws of 1917, provides: Al officers of the national guard shall hold their com missions until vacated for cause, as prescribed by law"
 Section 1. chapter "A, laws Of 19t7 provides that the adjutant general shall continue in office without the is- suance of q new commission" and it has 1 the same effect as the issuance of a new commission to the adjutant general l by act of the legislature and he holds his office under the provisions of this act, which, to that extent, modifes the sections of the military code given as | 3914 and 3917, Revised Statutes of Ar- zona, 1913
 The case of Dunbar vs. Cronin, de- cided by our own Arizona supreme i court, reported in 164 Pacific Reporter page 447, may be considered largely ir point It involved the constitutionality Of chapter 62, laws of 1915 regular ses- sion. an act creating the office of legis- 1 lative reference librarian, and the ap- pontment of that official, Con P. Cro- min, by that legislative act. The courl sustained the law and upheld the valid ity of that method of appointing Mir 1 Cronin, using the following language
 i've hold therefore, that the act O. the legislature creating the office O state law and legislative reference Ii brarian, and appointing the appelle' thereto, does not violate any provision of the constitution of the state: tha there is no limitation in that instru ment in direct terms or by implication upon the legislative power to do wha is done by this act
 From the foregoing, I can reach m other conclusion than that you are a this time the legal occupant of tn office of adjutant general of the stat of Arizona. Very respectfully,
 WILEY E. JONES,
 Attorney General of Arizona.'
 The ony comment made by the gov ernor on the opinion was that in on point it touched upon irrelevant mat ter; he had no intention of abolishinj the office. The removal of the adjut ant general is a different matter ant in bringing that about, the governo states, that he was moved by no per sonal feeling, but that he believed tha he was acting in the interest of tn public service.
 discriminating evidences was secured and the raid followed