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McGinness v. Hunt

Supreme Court of Arizona

March 6, 1941

W. J. McGINNESS, Plaintiff,
v.
JOE HUNT, Treasurer of the State of Arizona, Defendant

Original proceeding in Mandamus. Alternative writ made peremptory.

Mr. George M. Hill, for Plaintiff.

Mr. Joe Conway, Attorney General, and Mr. Earl Anderson, Assistant Attorney General, for Defendant.

OPINION

ROSS, J.

This is an original proceeding in mandamus against the Treasurer of the State of Arizona, Joe Hunt, to compel him to pay plaintiff, W. J. McGinness, his salary as stenographic reporter for The Industrial Commission of Arizona for the second half [57 Ariz. 71] of the month of January, 1941. The defendant treasurer has moved to dismiss the alternative writ and complaint on the ground that these pleadings do not show facts upon which relief can be granted the plaintiff.

It appears from the complaint that the reason the state treasurer declined to pay plaintiff's voucher for salary was a letter from the Governor of Arizona in words as follows:

"Hon. Joe Hunt

"State Treasurer

"State House

"Phoenix, Arizona.

"My dear Mr. Treasurer:

"May I not call your attention to the fact that Paragraph 1395, Revised Code of Arizona, 1928, requires the Governor to approve employment, and also the compensation, of employees of the Industrial Commission and may I not further call your attention to the fact that no list of employees, or salaries paid, has been presented to me by the above-mentioned Industrial Commission.

"Sincerely, Sidney P. Osborn, Governor."

and also an opinion of the attorney general advising him that the governor of the state "has control over the number of employees which the Industrial Commission may retain ...


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