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McBride v. Osborn

Supreme Court of Arizona

June 25, 1942

I. PERLE McBRIDE, Petitioner,
v.
SIDNEY P. OSBORN, as Governor of the State of Arizona, Respondent

Original proceeding in Mandamus. Petition for Writ denied.

Messrs. Baker & Whitney, and Mr. Harold E. Whitney, for Petitioner.

Mr. Joe Conway, Attorney General, Mr. Earl Anderson, Special Assistant Attorney General, and Mr. Lynn M. Laney, for Respondent.

OPINION

[59 Ariz. 322] McALISTER, J.

In response to the petition of I. Perle McBride, this court issued an alternative writ of mandamus directing the governor of the state, Sidney P. Osborn, to sign and deliver to the petitioner a commission evidencing his appointment by the joint action of the governor and the Arizona state senate, as a member of the industrial commission of the state, and that he approve the corporate surety bond executed and submitted by petitioner as such officer, or show cause why he has not done so. In response to this writ the governor made a return in which he set forth the facts governing his action in declining to issue

Page 135

the commission or approve the bond. To this return the [59 Ariz. 323] petitioner demurred upon the ground that the matters set forth therein failed to state facts sufficient to constitute a defense to petitioner's complaint. So the question presented is whether the petitioner is, under the facts alleged in the petition and the return, entitled to the relief sought.

The facts are undisputed and may be stated as follows: On March 11, 1941, respondent sent to the president of the state senate, the following letter:

"March

"Eleventh

"1941

"Honorable Paul C. Keefe

"President of the Senate Fifteenth ...


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