Arizona republican., 1919-05-10
ARCUMENTS|N ADJ. ZEN. CASE
 ARE NEAR END

The argument on the application for a, restraining order in the case of Ad- l ]utant General Harris against Cover | nor campbell was renewed yesterday | morning by Judge Sloan for the de- tense, At the close of his address. he ! sald that he had had only a short time l ln winch to prepare his case He be- i heved, though, that the citations brought by Judge Ryan and himself were sufficient, but he would like q llttie more time in which 10 ascertain II there were not other cases in point. r He was granted additional time by Judge Lyman who said mat inasmuch
 as the temporary restraining order ! was m effect, DO harm could result
 rom the granting of the motion Judge Sloan began with an analysis ! Of the national guard Jaw as it ap- pears in the revised statutes. which, he
 contended, disposed of the theory of the plaintiff that the ad1utant general
 IS Independent of the governor who is
 not only made by the constitution the
 commander in chief Of the militia Of the state but who in numerous proyis- l ions IS vested with authority over the adjutant general.
 
 He then made a comparison between the law of 1917, on which the plain
 tiff chiefly relies, with the federal law
 of 1916, in which il is provided that
 commissioned officers of the national guard in the federal services shall be continued in office without the iSsu- lance of further commissions. The state
 law of 1917, according to it's title. was
 made, ito meet the requirements of the federal law" It could not be imagined.
 said Judge Sloan, that 1t was the pur-
 pose of the federal law to control the
 militia of the states other than the mil
 itia which had been taken into the feG-
 era1 service. It could not be supposed
 that it was meant to deprive the gov
 ernor of the control of the militia.
 The section of the state law, there
 fore, which provided for the retention
 of commissioned officers of the guard
 was unnecessary and was unconstitu-
 tional in that it was a provision not set
 forth in the title of the act as the con stitution requires.
 Judge Sloan then addressed himself to the power of the governor to remove appointive officials and cited the case Of Blake versus the United States. This part of the address was presumably in reply to a question asked by Judge Ly man the night before whether it was the belief of counsel for the defenss that the governor could summarily re- move an official. Judge Sloan said ! that undoubtedly that was the case. | Explains Theory
 | Regarding the theory that any off | cer shall hold office until his successor l is appointed and qualities, Judge Sloan | said that provision is not for the pro- | lection of the person in office, but is | intended to guard the office against a ] vacancy. There could, in ract, be no ap- l pointment until a vacancy had been | created.
 l Regarding the proposition that the l adjutant general occupies a dual posi- | tiorl that of a military officer and . l civil officer, he said that he was not ir 1 any proper sense a civil official. l Judge Ryan followed Judge SloaI | and at the close of his remarks he su:,- i mitted a list of citations, a copy ot | which he gave 10 MT. Pugh for the 1 plaintiff, and at the same time called II his attention to the amendments whicl H had been made to the old nationa |l guard law MT Pugh said that he al II ready had such a list of the amend II ments and also Q list of the change III Wflcn haQ been el1EtleO DA lile 1eutId | law of 1916 in the federal Legislation II affecting the national guard
 II His attention was then called b Il Judge Ryan to still later change l made in June, 1916, by which the gov | ernor of state is required to receip ii to the federal government for equip III ment supplied the national guard. H Insists Governor Has No Power II The arguments for the time wer Il concluded by Mir. Pugh who insiste Il that whatever power Of appointmer II and removal the governor may hay H had under the old law had been wipe II out by the amendment continuing tn Ii incumbent at that time in office. I II the course of his argument he offere l! that part of the message of Governc II Campbell to the legislature in which II asked for a revision of the law of 19l H in order that he might appoint an ad III jutant general to succeed the one | HI had inherited" Judge Lyman replie III that was interesting, but not import III ant. Mr. Ryan suggested that the HI message was written last JanuaT HI whereas it was now May.
 HI Anyhow" said Mir. Pugh, it will |EI offered for what it is worth" Tt wi H be received on that basis said Jude III Lyman.
 HI At noon the arguments were close II 4oI odr-