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Lee Moor Contracting Co. v. Hardwicke

Supreme Court of Arizona

October 14, 1940

LEE MOOR CONTRACTING COMPANY, a Corporation, Appellant,
v.
J. S. HARDWICKE and H. C. SPARKS, Registrar of Contractors of the State of Arizona, Appellees

APPEAL from a judgment of the Superior Court of the County of Maricopa. Howard C. Speakman, Judge. Judgment reversed.

Messrs. Baker & Whitney and Mr. Lawrence L. Howe, for Appellant.

Mr. Joe Conway, Attorney General, and Mr. W. E. Polley, Assistant Attorney General, for Appellees.

OPINION

Page 333

[56 Ariz. 151] LOCKWOOD, J.

This is an appeal by Lee Moor Contracting Company, a corporation, hereinafter called defendant, from a judgment of the superior court of Maricopa county affirming a decision of H. C. Sparks, as registrar of contractors of the state of Arizona, hereinafter called the registrar, revoking a license heretofore issued to defendant under the provisions of chapter 104 of the Session Laws of 1933.

There is no serious dispute as to the facts, the question being solely one of interpretation of certain statutes of the state and of the United States, and rules and regulations promulgated by the federal authorities in pursuance of the latter. A brief statement of the various statutes and regulations involved is necessary.

Article I of chapter 24, Revised Code of 1928, as amended by chapter 31, Session Laws of 1931, and chapter 12, regular Session Laws of 1933, read, respectively, in part as follows:

"Sec. 1352a. Citizenship in state required for public employment as mechanics or laborers. No mechanic or laborer not a bona fide resident citizen of the state for one year shall be employed upon or in connection with any state, county or municipal works or employment; provided, that in the event mechanics or laborers qualified as herein provided are not available at the location of any such works or employment, the contractor, superintendent, or other peron in charge thereof, shall in writing notify the governor, board of supervisors, mayor, or executive head or heads of the political subdivision for which such work is being done, of such fact, and if a sufficient number of mechanics and laborers qualified as in this act provided, do not appear at the scene of such works and apply for employment within seventy-two hours of the time of the receipt of such notice, it shall be lawful to employ mechanics or laborers who are not qualified to supply the deficiency."

" Sec. 1352-A. Bona Fide Residents To Be Employed. That in all contracts for public work hereafter [56 Ariz. 152] let by the state of Arizona, or any of its political subdivisions, and in all performance of any such work by the state or any political subdivision thereof, there shall be employed in the performance of such work only persons who are and have been for not less than one year bona fide residents of the state of Arizona, except that contractors or subcontractors may place on such work not to exceed three of their regularly employed non-resident executives and technical experts, and except that when such bona fide residents of the state shall not be available for such employment and the proper representative of the Arizona Industrial Commission shall so certify, persons who are not qualified under this section may be employed until such time as there shall be available a sufficient number of employees who qualify under this provision."

" Sec. 1352-E. Exception Of Federal Aid Contracts In Certain Instances. If any provision or condition contained in any of the seven preceding sections of this article shall conflict with any provision of the

Page 334

federal law, or any rule or regulation made under the federal law pertaining to federal aid contracts, then such provision of said sections as is in conflict with such federal law, rule or regulation shall not apply on such federal aid contracts, to the extent that such conflict exists, but all provisions of said sections with which there is no such conflict, shall apply to said federal aid contracts, and the state of Arizona and its political subdivisions are hereby required, whenever said federal law, rules or regulations permit to enter into and perform any such contract subject to the provisions of said sections and make good out of such funds the amount that the representatives ...


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