Arizona republican., 1918-07-11
KUCH[ERH0[DS TAX COMMISSION
 OFF|CE[EGA[LY
Court Rules That There Is No Vacancy Upon Com mission to be Filled at This Time by Ele ction

mission to be Filled at
 This Time by Ele ction There will be no state tax commits sioner elected in Arizona this year. This was the ruling of Judge Lyman yesterday, who granted the motion to strike the answer and rendered final judgment in favor of Andrew Bau- merits, Jr., in his action against the secretary of state to prevent that offi- cer from placing the name of tax commissioner on the ballot.
 When the court announced that the answer be stricken out, F. c. Struck meyer, for the defense, stated that he elected to sand on the answer last filed. He gave notice of appeal.
 1 The judgment rendered by the court restraints the defendant as follows: (A) From causing any notice to be transmitted to any board of supervis- ors of any county of the state of Ari- zona, which shall include therein the mission as one of the offices to be acted upon in proceedings towards calling a primary election of candi- dates at the primary election to be held in Arizona in the year 1918. 1 (B) From filing in his office any pe- tition of any person whomsoever who may offer a nominating petition for the purpose of having the name of such person placed upon the ballots as a candidate for nomination to the office of member of state tax commissioner at the primary election for nomna- = tions to office, to be held in year A. D. 191S
 co From doing any act whatever which will tend to the end of having any candidate appear on any official ballot either at the primary election or at the general election. to be held in year A. D. 1918, in the state of Ari- Zona.
 | D) From taking any action toward canvassing any votes which may ap- pear upon the ballots at the primary election. or which may appear upon any ballots at the geenral election, fol the year 1918, for member of state tax comrSission. And from announcing the result of either election so far as any votes appear for an office of mem. Der of state tax commission.
 (E) From issuing to any persor whomsoever any certificate of election to the office known as member ol state tax commission, as result o any election held in said state during the year A. D. 1918.
 The action of the superior court is { confirmation of the opinions whcf were rendered from the attorney gen erals office in answer to question. put to that office by the associate. of Commissioner Kuchler as to hi: ct a nf hot mission, and in answer to requests made by the state auditor as to tn, time from which to date the salary 0
 MT. Kuchler as member of the ta, commission.
 The letter from the auditor. writer
 in February 1917. states as follows:
 "Mr. kuchler's bond was deposite,
 in the office of the secretary of stat
 on January 3, 1917. MT. Kuchler wa
 appointed by de facto Governor Camp
 bell. Can all this claim be paid b,
 this department without assuming an, liability, and is it just charge agains
 the state of Arizona?"
 The attorney generals answer {. : above letter, and under date of Febru . ary, is embodied in the following: : You state that MT. Kuchler's bon was filed in the office of the secretar of state of January 3. 1917. and he as sumed his duties on January 29th, fol lowing. From information which have from the state tax commission MT. Kuchler entered the official quar ters of the tax commission on Janu
 ary 4th, then asserted himself as member of said commission and urge
 his right to assume the duties of hi : office as a member of said commission . I think from the above facts stated
 and assumed to be true. that M
 Kuchler is entitled to his salary fror
 and after January 4th last, and tha you can justly allow said claim an
 draw your warrant therefor, withou assuming any personal liability in tn premises
 While the law creating the tax com mission may be vague and uncertain plaintiff claimed that it was not UT certain in it's provisions that ever Il elected member of the state tax com . mission should serve for a full terl o e of six years after his election. Ths = when the mandamus suit in which tf
 supreme court put Governor Campbe
 in possession of the offices at the cap Q tol. his status as a member of the ta
 commission was considered, and it wa [, there held that immediately upon rt ceiving the certificate of election, tal q ing oath of office, and after the fir.
 Monday in January, 1917, MT. CamI
 bell had vacated the office of tax con | missioner, an office he could not COT
 tinue to hold while holding the offit V of governor. In that same decision, e was held that every act of Governt t Campbell, while his certificate of elet y tion was in force, was valid act. Tn e included his acts in appointing ar
 having commission issue to M . Kuchler to fill the vacancy in the ts O commission.
 h kibbey, Bennett & Curtis and w. = Ryan represented the plaintiff al n the defendant was represented n George .Harben of the attorney gel ). erals office and F. C. Struckmeyer. e ton had drawn $500 from the bank C S November 19 the day he dropped fro