Bisbee daily review., 1918-02-05


 state institutions. nor any commission that you might appoint who claimed authority under the attorney generals opinion: that il was my intention to immediately begin proceedings to de termine what authority, if any. the commission of state institutions had over the state engineer or the road funds and also 10 test the validity Ot the law. You called in Mir. Ladd and it was suggested by you that wait Un- til February lSt. when friendly suit could be arranged. Later ] telephoned EIr. Osborn that I dechned to recog- nize the authority Of the commission. Since that time the commission has refrained from bursting into print. which habit was so much in evidence just following their securing from Wiley Jones what will become a Cele- { brated opinion.
 An Attack of Chil5iains Some days later Mr. Struckmeyer, having an attack of chilhlains. during SIr. Woods absence from the city. called on my attorney, MT. Nealon. and asked if a compromise could not be ar ranged. l told MT Nealcn to inform Mir. Struckmeyer that the only com promise | would consider was the with | irawal of Jones joke. which I digni- | fled by calling an opinion. I further asked Mr Nealon to take the matter up with the attorney generals office that Wiley might have a chance to save his face.
 It has been current rumOr that | Nsssrs. Wood and Struckmeyer were to remain on the commission only so long as necessary Jo perfect its organ : ization Color is given to this rumOr by the tact that the law creating the commission provides that it's members 1 shall engage in no ether business. | However. Wiley could fix that fer them. IL is my opinion that they will both remain on the commission as long as they are permitted to draw the pay and entertain the hope Of effect ing my undoing.
 Pay Rolls Held Up On January 25Jh, one week ago tC- day. sent to the aUiitOr numerous pay rolls which he transmitted jO the l commission Of state institutions where they still remain. To continue the state road work it is imperative that these claims be paid within few days Having complied with your suggestion to wait until this date before taking action. my attorney will today instl ute suits in the name of the state engineer and in my individual capaci- " as a taxpayer, to determine the cor rect interpretation of the law in Ques tion and its validity.
 | I detest quarrels and the trouble has so disturbed me that it has been nm ! possible to give the attention to my work that is so necessary now tC speed up construction
 If there are any statements in this letter which you desire to correct be fore publication. please let sme know as soon as possible.
 Yours very truly,
 LAMAR COBB.
 State Engineer
 Attorneys Ready For Suit In accordance with the letter to Gov ernor Hunt from State Engineer CObt the attorneys of the latter have pre- pared a complaint and filed II with Judge Lyman of the Maricopa County superior court asking that a writ oi injunction be granted against the men bers or the commission of state insu tutions, collectively and seVeraliy looking to restraining the commission from meddling further in the affairs of the office of the state engineer Attorneys for Cobb have addressed a letter to Attorney General Wiley F Jones. calling upon him to institute ac ton in the courts against the eXiStence of the commission of state institutions as an illegal body created under law that is void and unconstitutional The letter follows:
 February !. i9lS < Hon. Wiley E. Jones. Attorney Gener al for Arizona, Phoenix. Arizona.
 Dear Mir. Jones:
 On behalf of our client. Lamar Cobb we, in compliance with the statutes ol Arizona. hereby demand that you in stitute quo warranto proceedings tS oust Homer R. Wood, F. c. Struckmey CT and Charles R. Osborn from usurp ing and attempting to act as a cOmmis , sion of state institutions for the state of Arizona. there being in factno sucf commission of state institutions by law in Arizona.
 Tn further compliance with the stat utes of Arizona we are enclosing here with a copy of proposed complaint 1T the action of mandamuS against you as attorney general. in which we have set out the facts as we have ascertain ed them to be with reference to the creation of said alleged commission o state institutions.
 ! Sections 1896. 1898 and 1899 of tho Revised Statutes of Arizona for lsl; point out that this is the proper pro cedure in a case where the facts arc as set forth in our complaint, copy Oi which is herewith enclosed. This complaint points out the par ticular defects in the pretended aci under which the defendants thereinaf ter named are attempting to exercise authority
 In our opinion the entire act is un constitutional
 We will be greatly obliged to you il you will examine the proposed com plaint and if. in your judgment, these parties are not illegally assuming Co fill a public office and you are unwill ing to bring action of quo warrantC against them. will you please advise IS and we will file the complaint. We desire to submit the matter fair Ix- fO v,r,y consideration Sn that ff