Arizona republican., 1918-03-05
BOARD, MONARCH IF ALL II SEES
 BY JONES RULE
Lamar Cobb Mandamus Case
 Heard by Judge Lyman Who Will Render Decision
 In Vital Matter Shortly

That a republican form of govern ment would cease to exist in Ari- zona and that in it's stead a little monarchy would be created with the commission of state institutions at it's head, if it continued in existence, was the statement made by Thomas A. Nealon in Judge Lyman's court yesterday when the preliminary steps were taken in the legal action instituted by Lamar Cobb to compel the attorney general to bring quo warranto, proceedings against the commission
 MT. Nealon contended that he based his remark on a letter written by the attorney general who gave the commission unlimited power. The construction Mr. Nealon placed on the communication of the states legal advisor gave the commission authority over practically every ac- tiVity in the state-the secretary of state, the auditor, boards of super visors.
 MT. Cobb's counsel stated that the act creating the commission had the effect of repeating or amending 400 sections of the civil code and giving l to the commission duties which the constitution imposed on other of 1 ficers.
 Vigorously attacking the consti- tutionality of the bill creating the 1 commission, Mir Nealon answered the arguments of the attorney gen. eral on demurrer, by the state to the plaintiffs complaint. The ruling will be made by Judge Lyman Monday.
 The action arose over the com- missions alleged interference with the duties of the state engineer. M:. | Cobb, who held that office brought action against the commission asking that it be restrained from attempting to carry out the work of his office. He alleged that the commission usurped his power and placed him in the position of answering to it for his acts. In the meantime MT. Cobb's resignation as engineer was accepted by Governor Hunt and the proceed ings were subsequently, dropped. MT. l Cobb as citizen and taxpayer then brought the present action which tests the constitutionality of the act creating the commission.
 Private Citizen Has no Right? Attorney General Jones holds that as private citizen, Cobb has no right to require the attorney general to bring action to test this law. In the course of his argument to this effect he said, "A citizen of the state who is no more than a taxpayer can not bring action to compel the at torney general to attack the con- stitutionality of law that has been passed by the legislature and had the approval of the governor. II we could, we would have about 3O.0O0 attorney generals instead Of one, and goodness knows we have multi plicity of governors"
 But MT. Jones'" said Judge Ly- man, If a citizen and taxpayer can- not force the attorney general to at tack the constitutionality of law passed by the legislature by such proceedings as this writ of manda- mus. what recourse has he, granting there is good ground for belief that the law in question is unconstitu- tional?"
 Well. your honor. I'm not here to tell the counsel for the plaintiff how to proceed in this matter, answered the attorney general
 , No. I know, but I am asking largely as a matter of information,
 was the courts reply.
 The defense contended that the title of the act which the complaint charges as insufficient, describes the contents of the act and furthermore i that the journals of the legislature are not competent evidence to de-
 termine whether the law passed oi
 what provisions the legislature in- , tended to incorporate into it, but that the act as signed and certified te
 must be accepted as an act of the , legislature.
 Mir. Cobb brought the mandamus l action on the ground that the en- } acting clause was left out when tho 3 bill passed and was subsequently in
 serted; that the bill was not reat !, three times; that the title does no :, explain the contents of the act ant l that court action is the only remedy
 available to taxpayers to test th( 1 constitutionality of the act.
 Both sides cited numerous au | tboritiaS