Mohave County miner., 1885-02-01
EDITOR

FEES o. COUNTY OFF,
Ths members Of the HOUSE Of Rep
rsssntativss addressed 10 the Attorney
General, the question. "whsthsr or
not It is lawful for the Legislature OF
this Territory 10 reduce or change
tbs salaries Of county a6osrs during
the term Of ofRcs for which any sach
county officer may b elected"
To this intsrrogatory the Attorney
General. BY his communication ID
dressed 10 tbs House, ana OF dats
Jan. a 1886, replied that, in his
opinion Aths Legislature Of this
TERRITORY may lawfully. BY aets pro-
psriy passed, reduce or change The
salar,ss Of cnunty ofiesrs during the
term for which they may have been
elected or appointed" We do mot
concur in this opinioL Of the Atty.
General, and, while ws admit that,
no man being infallibls. We msy err
in our opinion upon the aubjsst, ws
dc not believe there 10 ssy s9osiso
in our snppssing thst the General Is
equally lisbls TO err in his.
The Legislature 10 the highsst
power in our body polite. II 10 the
people scting BY their rsprsssnts-
tivss. II hes vast delegated powers,
but .thss II may not, usdsr excite
mont, undue in1uones. OF through
isadvsrtsncy, exceed the limits Of
justice and right, nor sndanssr The
foundations Of society, there 10 erected
bstwssn IL and those whom il repre-
ssnts certain barriers or restrictions.
which limit and control its action, and
these barriers are first written con
stitutions, Of organic laws. and
second: thoss plain, clearly sscsr.
tanned, restrictive PRINCIPLES OF equity
that have grown into acknowledged
power from The experience OF man
kind, and which are essential to tho
existence and well being Of society.
With respect To constitutional, or
or esnie law restrictions upon the
subject under consideration, it 10 true
that there 10 nothing in our Organic
Act, nor in that Of New Mexico. which
10 made ours in I'll points whsrsss
our own 10 siisnt, that bsars upon the
matter, and our Legislature 10 left
without sxprsss restriction unless il
b contained 10 the constitution or
statutes Of ths United States.
section 10, Of the constitution.
szoong otbsr things. says mo state
shail pas an1 OK post faeto Law, or
law iupsii.ns the obligation OF con-
tractA"
In American jurispudsnes the
terms o. post iscto, have been re-
strlctsd to matters criminal or tor
tuous, and a. everything that can be
the subject Of law must arise either
from crimes, torts OF contracts the
section embraces everything that may
be regulated or controlled by law.
This is NO strained construction Of
section 10 OF the constitution. 1t 10
what was meant and intended TO b.
understood by those who wrote it.
and it is but the snuncistion OF .
principle Of night and justice recog
nizsd and clearly understood BY the
trainers Of the constitution. II
simply means that anything not
wrong or criminal whom committed
or done, shall not be declared to be so
after its commission. and that in civil
matters no Laws shall b pssssd which
shall alter the status which they bad
at their inception. It means in d
word that no state shall pass any law
civil or erimipsl retroactive in i'll
operation. This was the construe
tion plscsd upon the session whsE
the ms.ssr Of raising ths salary o.
the President Of the United Ststs'
wss under consideration. .
II this b. . strained construction
yst do We still contest the position o.
The Attorney General on the grount
that thsre exists . PLAIN contract b.
tween ths county ol6csr and tb'
psopls whom BE- serves, snd vhici
coptrast gives . plain application q
ssctiopl0 10 the point in question
Supposs the ollics il question: to b
thst OF SAsriG. The ststuts law o
the Territory ds6nss his svsey duty
places . 6xsd limit 10 his power, and
regulates the eompsnsstion whicl
hs shall rsssivs for the discharge o
his several duties. Tho psopls sslse
and elect man for this oflios. HI
gives bonds obligating himself 4
discharge oil those duties. and taxa
4 solsmu oath that he will perfOrn