The Arizona copper camp., 1919-03-08

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tional provision similar to Article 8
the state of Arizona. (See People v.
provinces, "a Cal. $40; also People v.
Sanderson, 80 Cal 1909
Sec: 4, Art. 4, of the state consti-
tuition provides:
No person holding any public Of
flee of profit or trust s. un-
der the authority of this state, shall
be a member of the legislature
Senate Bill No. IL creates a high
way board of which the speaker and
president are to be members. This
highway board appoints the state
| highway commission (Sec. 81. fills
vacancies, revises the annual budgets
(Sec. 81 and otherwise for the pur-
poses of the act the state highway
board is a continuing board. It's mem
bership must be permanent, that is,
permanent beyond the first exercise
of the power of appointment of the
first state highway commission But
when the president of the senate and
speaker of the house accept the duties
of trust imposed by Senate Bill No.
| II, they cease to be members of the
legislature. (See mandamus case.
| Campbell V. Hunt) If the office as
member of the highway board at
taches to the men now speaker and
president, then if it is intended that
the qualifications of these men are
that each is officially president or
speaker, then as men they immediate
ly and ipso facto resign, and lose their
official qualifications.
"Declaratory and confirmatory of Ar
ticle w, Section " of the Constitution
in Section As of Chapter ", Revised
Statutes of Arizona, 1913, which roads:
AS. From and after January first
1915, it shall be unlawful for any mem
Der of either house of the Legislature
to hold, by virtue of an appointment
thereto, any elective or appointive Of
flee, state or county, or to be employed
by this State or any State officer
State department, or State institution
or any county, during the term for
which he was elected as member of
the legislature
'"The intent of the Constitution is
clear-that members of the legisla
ture shall hold no other public office
Even should Section As OF the Sta
tutes be repealed by the terms Of Sen
ate Bill No. II the constitutional in
kibition is in full force and effect and
can be abrogated only by vote of the
people,
authorities in support of his argument
and then takes up the question of the
infringement upon the constitutional
powers of the Governor, as follows:
| "Senate Bill No II infringes upon
the constitutional powers and duties of
the governor in that it provides
commission not even under control of
the governor, which commission is:
'(g) To make agreements on behalf
of the State of Arizona with the Unit
ed States Government, or any depart
ment thereof, in any manner affecting
the public highways of the State
Section 4, Art. V, Of the Constitu-
ton says: Ss.@
The Governor shall transact all exc
cutive business with officers of the
government, civil and military
"This power cannot be taken away
from the executive by the Legislature
If any act of the Legislature is. neces-
sary to make the above provisions
executory, if standing alone it is not
self executing These laws which may
be enacted by the Legislature must
certainly be confined to legislation di-
recting how the Governor may transact
not taking from him the power to act
in any manner in transacting such
business. (See State V. Osborn, IA
Arizona at page 194).
''In the case cited canvassing
board created by the Legislature was
held beyond the powers Of legislation,
for reason of a provision that the Sec
retary of State should canvass, etc.
You are probably quite familiar with
that case, and the comments upon it in
the mandamus suit-Campbell v. Hunt.
l only mention it to bring to your
mind the similarity between the con
stitutional provision therein discussed
and Section 4, Article V, as to the
chief executives powers in transact
ing business with the government.
| Under the specific powers of the
proposed State Highway Engineer,
(Sec IA, Sub. (m) the latter is to en-
ter into agreements with the Federal
government or any department there
of, when agreements are properly ap-