Arizona republican., 1921-04-17
OF THE. NEW INDUSTRIAL
 BOARD IN TEST
Commission Is Made De-
 fendant In Suit A Few
 Minutes After It Organ izes At First Meeting


 Made defendant in a court action 9 few moments after it met and or ganized, the state industrial commits sion appointed by Governor Thomas E. Campbell on Friday, yesterday was served in the suit which will test the constitutionality of the act creating the commission
 The commissioners. l.. L. Henry Of Globe, Joseph Lord of Phoenix, and Herbert H. Hodgson of Morenci, met in the office of the governor where a brief business session was held st which MT. Henry was elected chair man and Roy Davidson was elected temporary secretary at a salary of sso0o a year. Jack Ryan, who acted as assistant to MT. Davidson and served as secretary to the senate, was appointed stenographer and reporter to the commission with a salary of SITS a month.
 Although all damage actions and other matters that have to do with the commission will be handled under the old law until May 31. it is under stood that a meeting will be called in the meantime, the date to be an- nounced by the chairman.
 After the work was organized the commission retired to its quarters on Il6 lniIQ lfOO1 OI tH0 StdtS mouse, where the summons were served. Shortly afterward the state treasurer and state auditor, who are made par ties to the suit, also were served, for in addition to testing the constitu- tionality of the act, the plaintiff is seeking to enjoin the state from pay ing salaries to the commissioners.
 The plaintiff in the action. brought by F. C. Struckmeyer and Louis c Whitney, is J. L. Crisman. buildini contractor MT. Crisman was tn. superintendent in charge of the con- struction of the wing of the capitol which was built while MT. Whitney was a member of the board of direc- tors of state institutions.
 Asks Temporary Injunction Crisman asks for temporary in- 1 junction restraining the commission from exercising any of its powers. and asks that the state treasurer and aud itor be enjoined from paying or draw ing any warrants for the commission Upon the hearing of the suit he asks that the act, substitute senate bil No. S5, be declared unconstitutional and void and the defendants be per petual1y enjoined from exercising any of their powers. Judge Stanford is sued an order citing the defendants 1 to appear in his court Monday morn 1 ing at g.: 30 o'clock and show cause l why the injunction should not issue MT. Crisman alleges that he has been advised that the act is uncon-
 stitutional and invalid because 1t doe: by it's terms contravene various pro l visions of the Arizona constitution i On April Is, he says, the governor. il l accordance with the act appointed members of the commission who ar' 1 to receive a. salary of $40o0 a yea which will be paid from the taxe
 assessed against his property and tn
 property of others.
 Section 99 of the bill, he says, set
 aside s10o.o00 a year from the taxe ! of the state as a compensation ant
 benefit fund. and also sets aside $50, 900 a year for the salaries and ex ! penses of the commission. Unles
 restrained, the commission will mak claim on the treasurer for the severa
 sums of money set aside, he allege:
 and the auditor will draw warrants
 The money will then be paid, he says l from the funds received by taxatio
 of property.