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Show CAMPBELL DECLARED DE FACTOGDVERNOR Arizona Supreme . Court Hands Down Opinion Favoring Fa-voring Republican. PHOENIX, . Ariz., Jan. 27. Tie Arizona Ari-zona supreme court late today returned a decision holding that Thomas E. Campbell is the de facto governor of Arizona. The decision was signed by Justices Franklin and Boss. Justice Cunningham Cunning-ham submitted a dissenting opinion, .The majority opinion' holds that the certificate of election issued to Campbell Camp-bell is prima facie evidence of his election. elec-tion. The court issued no writ, stating its belief that George W. P. Hunt would now surrender , the office, but declaring that if he did not a writ would be issued. is-sued. In the dissenting opinion Justice Cunningham Cun-ningham opposed the writ on the ground that mandamus was not the proper remedy, rem-edy, two others being at hand, proceedings proceed-ings in quo warranto and the contest now pending. He further opposed the f ranting of the writ on the ground that Ir. Campbell is de facto state tax commissioner, com-missioner, having been elected two years ago for a terra of four years, and that he has not resigned that office. If the contest should result in favor of Hunt, according to Justice Cunningham, Mr. Campbell would be . in the position of having held two offices at the same time. .... Mr. Campbell, Republican candidate at the November election, claimed the .election by a small majority. Mr. Hunt, Democratic incumbent, likewise claimed election. A contest in the courts was instituted, both sides alleging election errors, and a count of the vote now is in progress. . . .. The majority opinion holds that a tax commissioner is not prohibited from holding any other position of trust or profit during his terra of - office, but the effect of the provision of the statute stat-ute is that if a member of the commission commis-sion does so "he by that very act vacates va-cates his off ice as tar commissioner.1 ' Concerning the contention that Governor Gov-ernor Hunt was de facto governor and that therefore mandamus should not issue, is-sue, the majority opinion says: ''If it could be established here that the defendant was in fact elected governor gov-ernor mandamus, of course, would not issue, but the insurmountable difficulty difficul-ty is that, such fact cannotlse determined deter-mined here, but must be adjudicated in another forum. The canvass and certificate cer-tificate of election are no evidence of who was in truth elected governor, but they .are prima facie evidence of the result, re-sult, and they constitute the highest evidence evi-dence of the prima facie title that the law requires.5 ' In conclusion, the majority opinion assumes that Mr. Hunt will (' gracefully yield a temporary possession to depend upon a judicial determination of the ultimate-right,- a deference and respect due from the supreme power in one department de-partment of-.the government to the highest authority in another department. depart-ment. But, if it should become necessary, neces-sary, a showing" may be made and the writ prayed will then be issued." In a brief statement tonight Mr. Hunt said he would not appear at the state-house state-house on Monday and that the office and its belongings would be surrendered to Governor Campbell. |