Arizona republican., 1918-06-04
SAYS JONES DID
 GRANT |SH ACT WITH OPINION
Cobb Declares Attorney Gen.
 eral Reversed First Rul-
 ing Giving State Highway
 Office Over to Commission


 That Wiley l.. Jones, attorney gen. eral, who last January gave an opinion to the commission of state institutions to the effect that that commission has general charge and oversight of the expenditure of all funds of the state highway department, has squarely about-faced and in an opinion ren- dered on June l has declared that the state highway department is entirely independent of the commission of state institutions and has charge of the ex- penditure of all moneys for state high ways and bridges jointly with the com- mission and the board of supervisors, is the declaration of Lamar Cobb, former state highway engineer.
 MT. Cobb, an appointee of Governor Hunt. was busted by the governor after the state engineer had refused to turn his office over to the supervision of the commission of state institutions. Later, MT. Cobb started a mandamus suit in the superior court against the attorney general to compel that official to bring quo warranto proceedings to test the constitutionality of the act creating the commission, but Judge Lyman ruled against the former state engineer. not passing, however on Jones opinion, which was not at issue in the case.
 Atwood lnquires
 The opinion in which Attorney Gen. eral Jones is declared by Lamar Cobb to have contradicted his previous opin- ion concerning the relations of the state highway engineer and the com mission of state institutions is one which the attorney general made at the request of 5. NJ. Atwood, state highway engineer, the official who suc- ceeded Mir. Cobb in that office. The present state highway engineer, possi- bly not entirely satisfied with the opin- ion given to the commission of state institutions last January, had asked the attorney general to inform him what constitutes highway, and under whose control the state highways of Arizona are placed, according to the statutes.
 The opinion which Attorney General Jones gives in answer to the request of State Engineer Atwood is not lengthy one. It recites what, according to the paragraphs of the statutes, are high ways. the creation of the office of county engineer and the abolishing of the office of county surveyor and coun- ty road superintendent.
 Second Opinion
 The paragraph of this opinion, how ever, that interests Lamar Cobb must is the one that follows. It reads thus:
 Chapter 31. Laws of 1917, author izinG the creation by the Board of Su- pervisors of a County Highway Com l mission to expend, upon highways within the county, moneys raised by county bonds voted for that purpose, l .J1l -.4l- county highways. The control of state highways is not specifically men, toned in said Chapter ', Title 50, above mentioned, but the State Engineer acts throughout officially in the expenditure and paying out of all moneys for the construction, improvement and main tenarte of all state highways and brid 2as. He acts jointly with the Board of State Institutions in tho expenditure of tWenty-fi five per cent of state road ta-: fund and jointly with the Board oF Supervisors of the County in the expenditure of the seventy five per | cent oI the state road tax fund.-" In the statement of the attorney gen. i eral in the above paragraph of the opinion given to Mir. Atwood that "the | State Engineer acts throughout off cially in the expenditure and paying out of all moneys for the construction | improvement and maintenance of all 1 state highways and bridges" and con- | ceding to the state engineer joint di- | rection with the commission, MT. Cobb | the former state engineer, insists that the attorney general has revoked his | former opinion to the commission of state institutions on the same question which opinion concluded as follows:
 T am unquestionably of the opinion that constructing Sections 6, Is and 21, | (having especial reference to Section 16) that your commission succeeds to all the duties and powers of the Board | of Control as to the state highways the improvements of which are among the properties for which legislative appropriations are or shall be made, and you have general charge (Sectior 16) oversight and control of the same.
 We may now await with confidence a word or two from our distinguished attorney general, harmonizing his con- flicting opinions" said Lamar Cobt yesterday. "In January he most gen. erously bestows upon the commission of state institutions all the duties anC powers of the board of control as tt the state highways and in addition general charge, oversight and contro of same without one word in the lav giving them any such authority.
 Tn June," continued Mir Cobb when my official corpse threatens tt take on political life-possibly to hi! embarrassment-he backs half way off leaving the commission only such au thority as was previously vested 1T the board of control. and comedies tt the state engineer joint authority witl the commission and the boards of su pervisors."