Arizona republican., 1918-06-21
DEMANDMADE LIN LAMAR COBB BY
 BOARD IF STATE
Former State Engineer In
 Retort Courteous Says Spirited Things About Some Arizona Officials

Like the brook, the controversy be- tween former State Engineer Cobb and the Commission of State Insti- tutions goes on forever. Its Protean shape has changed again and a new issue is presented in a demand by Commissioner Whitney upon MT. Cobb to reimburse the state for the sinews of war which he used in the first battle against the commission. The demand follows:-
 June IS, 1918. Honorable Lamar Cobb,
 Phoenix, Arizona.
 Dear Sir: The commission, at re- cent meeting, was advised that the lmprest fund of the state engineers office is shown to be $200 short, and upon examination of that particular fund it develops that shortage oc- cured during your incumbency of that office.
 It appears from the evidence sub mitted to us that on February of this year. you drew a check on said lmprest fund for s20O payable to | Thomas w. Nealon, your personal at torney in the recent litigation, en- titled Lamar Cobb, vs. Wiley E. Jones, as attorney general of Arizona. The | Imprest fund was never reimbursed | for the obvious reason that upon legal advice this commission refused l to O. K. your claim. We take it that you are without the pale of the law when you attempt to enter pri- vate suits against certain departments of state and compensate your at torneys with state money.
 The purpose of this communication is to demand, and We do hereby de- mand that you reimburse the Imprest fund of the state engineers office in the sum of s200. Failure to do this will compel us, in the interest of the state, to call the matter to the at tention of the attorney general for whatever action he may deem proper in the premises
 We are mailing a copy of this demand to Carl H. Anderson, the authorized representative of your bondsmen. the National Surety con- pany of New York.
 Yours very truly,
 Commission of State Institutions, LOUIS B. WHITNEY,
 Commissioner.
 MT. Cobb thus summoned, returns to the combat in the following reply:
 June 20, 1918.
 To the Honorable, the Commission of
 State Institutions, State House,
 Phoenix, Arizona.
 Gentlemen: l have the honor to acknowledge receipt of your favor of the 18th instant, making demand upon me to reimburse the imprest fund of the state engineer in the amount of two hundred dollars ts200) paid by Lamar Cobb as state engineer to Attorney Thomas Nealon on the sec ond day of February, 1918, and in forming me in case of non- compliance with your demand, that you will be compelled ito call the matter to the attention of the attorney general"
 Your assumption that this payment of s200 to MT. Nealon by the state , engineer was for attorneys fees in a personal suit is unwarranted and in- correct. The chairman of your com mission can inform you that on the tenth day of January last, it was agreed between Governor Hunt, Leroy A. Ladd and myself that the ques- tions at issue between the state engi- neer and the commission of state in stitutions regarding the control over state highways should be determined by friendly suit at law. My at torney, Mir. Nealon, not being aware of the arrangement for a friendly suit but being of prophetic visior suggested that he prepare two suits the state engineer versus the com mission of state institutions anC Lamar Cobb versus Wiley E. Jones attorney general The latter to b. pressed in case I lost my officia | oh of former His fee was to be betweer four () and six (6) hundred dollars (s600) for prosecution to final de termination of one of the two suits About the 18th of January, MT. Nealol informed me that he was ready t bring the suits. The governor bein, out of the city, 1 called upon MI | Ladd who advised that l defer filinl the suit against the commission o state institutions until February first The first of February having com and gone, MT. Nealon on the follow ing day filed both the suits referre, to, and I paid him s200 from the i'm prest fund of the state engineer | leaving a balance due of S400 to $60 that I will have to pay personally. In employing an attorney at tn expense of the state 1 but followe' the precedent established by the gov ernor, the state engineer and othe heads of departments when they en gagged the services of George J. Stone man, at an expense of about ($1,000 one thousand dollars. in a frienG; suit against the state auditor, J. ( Callaghan.
 Events followed each other in sue rapid succession on that memorabl second of February it is not surpris ing that the case of the state engi neer versus the commission of stat institutions has been forgotten, how ever I beg to inform the commissiO that it still languishes in Judge Ly mans court awaiting the time whe your chairman again awakens to tn desirability of a friendly suit c when the yoke designed for my nee becomes too galling to the preser state engineer.
 I beg to thank the commission calling attention to the fact that tn only irregularity found in my ac counts covering the expenditure ( over two million dollars (S2,000,00C which they deem necessary to refe to the chief prosecuting officer ( the state, is an item of S200 paid | an attorney to forestall the mischey ious machinations of Wiley Jones an the commission of state institution Now that you are fully aware ( the facts in the case and desire { continue the policy of your predeces | sors to use public office to yer personal spleen, let me hope ths when you call this matter to tt attention of the attorney general | Ia. thA <Ir