The copper era and Morenci leader., 1918-01-18
LAMAR COBB AND HIS FRIENDLY SUIT
 CAUSE FEELING

ObbOOe ee.u6~
 PHOENIX, Jan. 11.-When the spider invited the fly into his parlor for a friendly little luncheon, he didn't have a thing on State Engineer Lamar Cobb when he invited the con- mission on state institutions to have a friendly suit to determine whether or not the commission shall run the affairs of the state engineers office.
 And the commission did just what the fly did. and said, nothing stir ring" But the commfssiond declined much more like bee than a fly, leav- ing little sting in its reply.
 MT. Cobb, upon receiving official notice from the commission that 1t had taken over the supervision of the engineers office, together with the ex- penditure of, the funds connected herewith, replied that he recognized the opinion of the attorney general as governing until correct interpreta- tior; of the statute can be had fin a court of competent jurisdiction. But he must decline to agree personally with the attorney general in his opinion giving the commission juris- dfction over the engineer.
 q would therefore, suggest" he goes on to say, that you join with me in friendly suit to determine what authority the commission on state institutions may have in conflict with the copstitution.and particularly in respect to the office of the state engineer. If this suggestion meets with your approval, please consult with my attorney, Thomas W. Nealon |"
 Fred c. Struckmeyer, legal adviser and secretary of the commission, took the matter up, and his reply follows:
 we are in receipt of yours of the 7th inst.
 we do rot deem tn institution of friendly suit necessary. The opinion of tn attorney general is sufficient authority for us, and in our opinion, should be for you, since the attorney general, by law, lis the legal adviser of all state departments. It is wholly immaterial to use whether or not you personally agree with the opinion of the attorney general.
 'The affairs of state should be con ducted without friction between the different departments, and we trust that you will cooperate with us to the end that tho affairs Of the state will be conducted economically and on business basis.''
 MT. Cobb is out of town on offical business connected with his depart ment.
 The upheaval caused in the en- i gineering department due to the ac- l tion of the commission in assuming control of this department has spread 1 to all of the boards of supervisors | throughout the state. The commis- sion has received numerous letters from the boards. asking how they weI to proceed in their road work in- solar as it vas affected by the state work
 In order to set the matter straight. Secretary Joseph Mcbride sent out a letter to all boards of supervisors stat ing that the commission becomes the principal in all such transactions and that the state engineer becomes mere ly an advisory aid to the commission His letter, showing how the commis. sion comes into this authority is as follows:
 'The, state engineer has always
 been responsible to the board of con trol and held the public property in
 his possession subject to their de
 mapd
 'The duties of the state engineer
 have always been to aid the board of
 control and the boards of supervisors
 of the several counts in such man
 ncr as the board of control might re
 quire.
 "The commission of state institu
 tions has taken the place of the board of control with greatly enlarged pow
 CTS. The law, however, does not ap parently effect powers of the boards of suprvisors of the several counties
 but the state engineer is an advisory officer of the commission of state in
 st;tutions, and is under the direction and authority of the commission in the taking of any joint action on the part of teh state and the several
 counties.
 'In other words. the expenditures DO ?-- egadsT'obwoo 1890 7890$ hretofore authorized to be made uron the authority of and under the
 dirction of the county board of su
 pervisors of any county and the state
 engineer must now be made upon the
 authority and under the direction oi
 tte county board of supervisors oi
 such county and the commission of
 state institutions. It is in effect the mere substitution of an administrative commission for the ministerial office, of the state. That is, the commis
 sion of state institutions will act as
 principal ir these transactions instead of their advisory aid, the state en sineer."