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STATE v. KALIL

No. 6872.

85 Ariz. 365 (1959)

339 P.2d 396

STATE of Arizona ex rel. Charles C. STIDHAM, Maricopa County Attorney, Appellant, Arlo Gooch, Intervenor-Appellant, v. Charles KALIL, Appellee.

Supreme Court of Arizona.

May 21, 1959.

Attorney(s) appearing for the Case

Charles C. Stidham, Maricopa County Atty., by Donald D. Meyers, Deputy County Atty., Phoenix, for appellant.

Struckmeyer, Whitney & Perry, by Harold E. Whitney and Sidney L. Kain, Phoenix, for intervenor-appellant; Harry Stewart, Jr., Johnston & Gillenwater, Phoenix, of counsel.

Lewis, Roca, Scoville, Beauchamp & Linton, by John P. Frank, Phoenix, for appellee.

PER CURIAM.

The sole question presented by this appeal is whether A.R.S. § 11-213, as amended by the 1959 Legislature, is constitutional, i.e., may the Legislature validly empower the Clerk of the Board of Supervisors, an appointive statutory official — rather than the County Recorder or some other elected official — to cast a vote in filling a vacancy on that Board? It is our unanimous considered opinion that it can. Inasmuch as we perceive no...

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