Arizona republican., 1919-03-07
GOVERNOR CAMPBELL'S DISAPPROVAL
 OF STATE HIGHWAY COMMISSION BILL

pointed by the governor for six years. 1 Salary eight (sS.0o) dollars per day { while actually engaged in official du- ! ties and in addition necessary ex- ! penses. Salary not to exceed ninety | | days.
 ! WyominS-tlNe members appointed | ! by governor for six years. Salary six [ hundred (seO0.O0) dollars per year and | 1 necessary expenses. 1 Oregon-Three members appointed | ! by governor of three years. No com | pensatiOn actual and necessary ex- penses pai6 [ WaShington-Hlghw board con- sists of state auditor. state treasurer and highway commissioner. Auditor and treasurer receive actual expenses. | Highway commissioner appointed by | governor for four years Salary two | thousand five hundred (s2, ,500.00) dol lars and expenses. : Passing any feature in the bill which l disclose attempts to create sweeping
 pow CTS of official patronage and the like. the bill presents several fragrant
 violations of the state constitution.
 Article III of the state constitution is as follows:
 
 the state of Arizona shall be divided
 irto three separate departments, the
 legislative. the executive and the Ju-
 dicial: and. except as provided in the
 constitution, such departments shall
 he separate and distinct, and no one
 Of such departments shall exercise the
 powers belonging to either of the
 others
 When, by the terms of the consti-
 tuition. certain powers are vested in
 tfe executive department, the legis-
 iature can neither exercise such powers
 itsele nor vest them in any other de- 1 partment or officer: nor can It relieve
 an executive officer from the per
 tormance Of duty enjoined upon him
 by the constitution"
 When a duty is devolved upon the
 chief executive of the state, rather
 than on an inferior officer, it will be
 presumed 10 have been done because
 of his superior judgment. discretion or sense of responsibility were confided
 in him for more accurate. faithful.
 and discreet performance than could
 be relied on if the duty was considered
 as purely ministerial
 The above statements of the rule of
 law which exempt the executive from
 legislative interference as to matters of constitutional powers and duties
 especially conferred upon the execu-
 tive. with the reason for the rule. ap-
 pear in Corpus Juris 12, page SSJ. amp , ly supported by adiudicatcd cases \ Among the cases cited are: State vs . Tucson Gas Co. 15 Ariz. 394: Stock man Ys. Leddy, 129 Pacific, 20, (Ann : Cases 1916 F. 1052) To which may be
 added State vs. osborn "A. Ariz. 1S5 Laird vs. Sims. l6 Ariz., 521: Campbell
 vs. Hunt, l63 Pacific at page SS5.
 If the legislature can place the
 president of the senate and speaker of , the house on the highway board, ; board which I shall show exercises legislative powers under this bill, then |, it would have the same power to ap- , point one Of it's members to sit with . the supreme court and have a voice
 in the decisions Of that tribunal. % Senate Bill No. r attempts to con { | tinue legislative control in officers of the legislature for a period after those . Officers cease as such by adjournment e [ of the legislature. The president of l the senate and the speaker of the | house of representatives cease to Q exist as such when a session is over Q Each session of a legislature has n power under the constitution "to . choose it's own officers. and determine D its own rules of procedure" (Art. "
 Sec. s. Another session of the legis laturc might have neither the present = president of the senate nor the pres : ent speaker of the house if it so wills , But whatever may be the course of 9 future legislatures, it was carly de . cidcd in California, that a member of
 the legislature could not he a part of \, the executive department passing tn. :, decision upon a constitutional provi S sion similar to Article III, of the State Q of Arizona. (See People V. Provines 5. 34 Cal. 520; also People V. Sandersor - 50 Cal. 160)
 5, Sec. 4, Art. ", Of the state consti- {. tuition provides:
 - No person holding any public of = lice of profit or trust. under the 8. authority of this state. shall be mem - Der of the legislature"
 Q Senate Bill No. r creates a High. 't way Board" of which the speaker ana president are to be members. Thi, Q highway board appoints the "Staic - Highway Commission (Sec. s. fill, '4 vacancies, revises the annual budgets (Sec. SD and otherwise for the pur-
 poses of the act the "State HighEa; , Board is a continuing board. It. membership must be permanent, thaf ,i is, permanent beyond the first exer. ,ii else of the power of appointment O !, the first State Highway Commis.
 sion" But when tho president ot s the senate and speaker of the hous, [. accept the duties of trust, imposed s by Senate Bill r, they cease to b, n members of the legislature. (See man .s damus case. Campbell V Hunt). l !. the office as member of the highwa, - board attaches to the men now speaker l. and president. then if it is intended r, that the qualifications of these mer
 are that each is officially president O
 speaker, then IS men they immediatel,
 and ipso facto resign, and lose thei
 official qualifications.
 -s Declarstory and confirmatory of Ar = ticle ". Section " of the constitutio, -e is Section 45 of Chapter ", Revise, r Statutes of Arizona. 1913. which read Y '45. From and after January first " lOl5, it shall be unlawful for an,
 member of either house of the legisla ., lature to hold, by virtue of an appoint [, ment thereto, any elective or appoint <. i've office, state or county, or to b ' employed by this state or any stat
 officer. state department, or state in ss stitution or any county, during tn 10 term for which he was elected as .. member of the legislature"
 t. The intent of the constitution i So clear-that members Of the legisla. :. ture shall hold no other public of ed flee. Even should Section l5 of th CT statutes be repealed by the terms O Id Senate Bill No. 17 the constitutions an Inhibition is in full force and effao