Bisbee daily review., 1918-06-26
KUChLER HOLDS OVER ON STATE TAX
 COMMISSION
Judge Lyman in Superior Court at Phoenix Grants Injunction to Prevent Elec- ton of Member

PHOENIX, Oriz., June 25.-AGter 2 hearing in the superior court here Monday Judge Frank Lyman granted an injunction against Sidney r. Os | porn, secretary of state, to restrain him from placing in the call for the general election the office of state tax commissioner.
 Attorney General Wiley Jones had ruled that Rudolph Kucnler, appoint ed by Gov. Tom Campbell to sue ceed himself would have to run again this year. It was MT. Kuchler's s contention that his term would not expire until December 3l, 1920.
 The case was brought by Andrew Baumert, jr.. secretary of the repub- lican state committee, to restrain the secretary of state from permitting the nomination and election of a state tax commissioner this fall. r. C. Struckmeyer was attorney in the case representing Sidney P. Osborn, secretary of state. D. H. Claridge, who is a candidate for state tax com missioner. and the attorney generals office. He was assisted by George Harbin. Kibbey, Bennett & Gurus and w. k. Ryan, attorney represent ing the plaintiff
 Contest Struckmeyer Remedy.
 Attorney Struckmeyer's main con. tentions were that he court should not grant the injuctioE 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 office could be decided upon by the courts, and that the people should have a chance to vote. Struckmeyer was attorney for Governor Hunt in the Hunt Campbell contest and this may be the real cause of his interest in contest. He further contends tha, the attorney general should render and settle all such questions and that it is the proper business of his ot- flee.
 The attorney general. on April S. 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 follows:
 "The law as originally passed as Chapter 23 in, 1912 with an emer- gency clause thereto, was approved May 9, 1912, and became effective on that date On May 12, 1912, Governor Hunt appointed c. NJ Zen der first term to expire January 1, 1913; Charles R. Home, term to ex- pire January l. 1915; George Michel son, term to expire January l 1917. These appointments were re-arranged by the subsequent resignations of all three of the above named, and on June l, 1913, Governor Hunt made ap- pointments as tax commissioners as follows: P. J. Miller to succeed Zan der, resigned. for the term ending January l, 1913; C. M. Zander, to sue ceed Howe, resigned, for term ending January 1, 1915; Charles R. Howe. to succeed Nicholson. resigned, for term ending January l, 1917"
 Campbell Elected; Question How
 Long
 Struckmeyer did not question that Thomas E. Campbell was elected as tax commissioner in 1914, but does contend that he was only elected for a term of four years and that c. NJ. 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 a hold-over, and that his term from 1912 to 1914 should apply on the term of Thomas E. Campbell who was elected in 1914, the first state election held for tax commissioner