Arizona republican., 1920-10-12
ATTORNEY GENERAL
 ADMITS GOVERNOR
 STATE MILITIA HEAD

Reversing the opinion he rendered last December. Attorney General Wiley E. Jones yesterday filed a stipulation in the supreme court giving formal ap- proval to the employment of Will E. Ryan as attorney to Gov. Thomas F. Campbell in the many litigations which had 10 do with the establishment of the governors right to appoint Walter $. Ingalls, as adjutant general The claim for the numerous times Ryan represented the governor in the h. gals Harris suits amounted to $500, which was paid the lawyer a month ago, when Attorney General Jones in- formed Jesse Boyce, state auditor that the claim, by reason previously rem dered against the authority of the state and departments of state to employ an attorney outside of the office of the at torney general. was not barred. In the opinion of Sept. g the attorney general refers to the governor as commander n-chief,' which he bitterly denied dur ing the controversies over the office of adjutant general, Jones claiming that the governor was not the head of the military forces of the state and that he had no right to remove Harris. The stipulation resulted in the dis missal of the case.
 Mir. Boyce refused to pay the claim of the governors counsel when the claim was first presented last winter, basing his refusal on an opinion of the | attorney general. Mir. Jones advised MT. Boyce that there was no authority under the laws of the state for the payment of the claim. He said:
 Therefore I advise you that you is- sue no warrant for said claim nor any amount thereof. It is not necessary defenses that the state has against same. but advise you that MT. Ryan never has been employed by this de- l partment and advise you further that state officers cannot employ attorneys at their will under the constitution and laws of this state to constitute a legal claim agains the state.
 'T desire that you file this as the ruling of this department upon the constitution and laws of the state oi I Arizona"
 While MT. Jones has changed his mind, he wants it understood that the Ryan case is an exception. Here IS what he says in the stipulation ht signed:
 Tt is further understood and agreed that this stipulation is not to be con. sidered as any acknowledgment by the attorney general of any power of au. thority vested in state officers or state departments to employ at state ex. pense any attorneys for suits pertaining to the matters of their respective or. fices and departments. And so far a. the attorney general is concerned, thi: stipulation is no more than an ac knowledgment that, under all the cir H cumstances surrounding the particulai employment of Will E. Ryan as at
 torney for thes governor. who was act
 ing in the exercise of his constitutions
 power as commander-in-c chief of tn military forces of the state, in the liti
 gation hereby referred to, such employ
 ment was proper and the services b.
 Will F. Ryan as attorney was and is proper claim for payment from fund appropriated for support of the na
 tional guard"
 Another echo of the Harris Ingall controversy came with the dismissa of the action in which Charles w. liar
 ris was the appellant and Governo
 Campbell the appellee. Shortly afte
 Governor Campbell appointed Ingall
 as adjutant general of Arizona an
 while the office was still claimed b Harris, the armory was entered an certain records of the office remove in the attempt to give Adjutant Geners Ingalls, control of the office. Harri immediately afterward brought su s 1 against the governor asking that he t restrained from interfering with hi carrying out the duties of his offic The lower court held with the govei nor and yesterday the supreme coui dismissed the case for failure to pros \ l ccute