The Coconino sun., 1918-06-28
STRUCKMEYER ON THE JOB FOR OSBORN, CLARIDCE AND
 THE ATTORNEY GENERAL

The case brought by Andrew Bau- inert, Jr., to restrain the secretary of estate from permitting the nomination 1 and election of state tax commits sioner this fall was heard in Judge Lynn's court at Phoenix. F. c. Struck meyer was attorney in the case rep resenting Sidney P. Osborn, secretary of state; D. H. Claridge, who is can | didate for state tax commissioner, and the attorney generals office. He was assisted by George Harbin. Kibbey, Bennett & Curtis and w. E. Ryan, at- torneys, represented the plaintiff.
 Contest Struckmeyer Remedy.
 Attorney Struckmeyer's main con tentions were that the court should not grant the injunction for the req son that a contest could be brought after the election and at that time the matter of who was entitled to the off, | flee could be decided upon by the courts, and that the people should have a chance to vote. Struckmey,r was attorney for Governor Hunt in the Hunt Campbell contest and this may be the real cause of his interest in a contest. He further contends that the attorney general should rem der and settle all such questions and that it is the proper business of his office.
 The attorney general on April 9th, 1918, did render a written opinion to the effect that there should be an election for tax commissioner this fall. A part of this opinion is as fol- lows:
 "The law as originally passed as | Chapter 23 in 1912 with an emergency clause thereto, was approved May 9th, 1912, and became effective on that date. On May 18th, 1912, Governor Hunt appointed c. NJ. Zander, first term to expire January 1st, 1915; Chas. R. Howe, term to expire Jan uary 1st, 1915; George Nicholson, term to expire January lst, 1917, These appointments were rearranged by the subsequent resignations of all three of the above named, and on June 1st, 1913, Governor Hunt made appointments as tax commissioner as follows: P. J. Miller to succeed Zan- der, resigned, for the term ending January 1st, 1913; c. M. Zander to succeed Howe, resigned, for term end ing January 1st, 1915; Chas. k. Howe, to succeed Nicholson, resigned. Tor term ending January 1st. 1917"
 Thos. E. Campbell Elected: Question
 How Long. -.
 Struckmeyer did not question that Tbos. E. Campbell was elected as tax commissioner in 1914, but does con tend that he was only elected for a term off four years and that C. M Zander who ran for the same office was elected for six years. That Zan- der succeeded himself and that Camp bell succeeded P. J. Miller, who was supposed to be hold-over, and that his term from 1912 to 1914 shouio apply on the term of Thos. E. Camp. bell, who was elected in 1914, the firs' state election held for tax commls' sioner.
 Judge Kibbey and w .E. Ryan, whe } argued the case for the plaintiff, con t tended that both Campbell and Zan' - der were elected for the term of si, 5 years. that the law plainly states tha' E the state tax commissioner shall b' [ elected for a term of six years ant s that the election in 1914 was the hrs n state election for the office of stat tax commissioner, and that the term !, of both Campbell and ander shoul' ' start from January 1st, 1913, and Una P. J. Miller was not hold-over 10 |, the simple reason that there neve had been an election for state ta' commissioner prior to 1914. Judge Lyman handed down deci ' sion granting the injunction.