Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-02-13
ernor, and can not otherwise be designat-

ernor, and can not otherwise be designat-
ed to act as such officer.
The Office of attorney general, or soil
citor general, as it is proposed to call him,
is territorial and not township. district
or county officer, and when we consider
| the fact that congress has invested the
| legislative branch of the territorial govern
ment with ample power to provide by law
for filling any vacancy that may occur in
township, district or county office, with
out legislative concurrence, and has with
held such power as regards territorial Of
fees, and instead thereof has provided by
press law how such territorial offices
| nall be filled, it follows by unavoidable
nplication, that the territorial legislature
has no power to provide by law any other
or different mode of filling a vacancy in
the office of attorney or solicitor general.
| 1t being apparent that the duties of an
official, and not the name by which he
may be designated must determine
whether that official be a territorial Off
Ger, whose nomination must come from
the governor, or q township, district or
county officer, who may be appointed or
elected without such nomination, it seems
too plain for serious contention that the
power vested in the executive by the Or
ganic act to nominate a territorial auditor,
treasurer or attorney general, can not be
destroyed or abridged by naming such
auditor, treasurer or attorney general of
district, and vesting him with power to
act for the territory as a whole.
If that be conceded, then the provisions
of this bill fixing the duties of the district
attorneys, leave no doubt as to wher
such officials should be classified. They
act for the territory as whole, prosecute
and defend in its name, and are paid q
fixed salary out of the territorial treasury
They are, therefore, territorial officers,
and such officials as the legislature can
not lawfully provide shall be designated
as officers in any other manner than as
provided by the organic act-that is, by
the governor.
! If there were any doubt of the correct
ness of this position as to the district at
torneys provided for in all the districts
aside from that composed of the counties
of Santa Fe, Rio Arriba and San Juan,
!. there can be none as to that district. By
, the bill the attorney for that district is at
} tempted to be vested with all the powers
: heretofore exercised by the attorney gen.
eral of the territory until the appointment
, of a solicitor general, and that such all
/ officer, with purely territorial duties ,
r perform for the whole territory, can not
, be disguised under any name so effect
ually that he can not be recognized in his
3 true character as a territorial officer, is
, certain.
t Section II of the bill also contains an
objectionable provision in that it provides
t penalty if any officer shall Consult
= with a defendant This would prevent
= consultation by a prosecuting officer with
Y a prisoner charged with crime, though
} such consultation might be for the pur-
! pose of advancing the ends of justice,
Y such, for example, as consultations Will
r one of several criminal defendants for the
l purpose of obtaining evidence to insure
= conviction of his accomplices in crime.
Altogether, the bill is an anomaly in
i, legislation-crude in diction and vicious
3 in intent--that intent solely the subserv'
t ance of personal and private ends, and by
means never before attempted in the his
: tory Of constitutional government-revo
Y lutionary, disorganizing and demoraliz
f ing in its tendencies, and subversive o.
Y all established axioms and methods o.
1 well regulated and orderly political adj
e ministration. EDMUND G. Ross.
THE PHARMACY LAW.
s The house bill to regulate the sale O.
!. drugs, medicines and poisons in New
u Mexico, having passed both branches O
: the assembly, is now before the governor
d for his signature. The bill was introduced
a by Mr.. kistler and prepared by anc
: amended under Mr.. Creamer's supervi
4 sion, and it is largely to his efforts that
r credit is due for SO excellent a measure
t n this subject. Following is the full text
. f the measure:
y Sec. l. That from and after the pass
n age of this act it shall be unlawful fol
any person, not a registered pharmacists
: within the meaning of this act, to con
duct any drug store, pharmacy, apothe
Q cary shop or store for the purpose of re.
:. failing, oompounding or dispensing
, medicines in the territory of New Mexico
). except as hereinafter provided.
Sec. 2. That it shall be unlawful fol
!, the proprietor of any such store or phar.
o macy to allow any person, except regis
tered pharmacist, to compound or dis
g pense the prescriptions Of physicians, ex
= cept as an aid to, and under the su per
? vision of a registered pharmacist. Any
T. person violating the provisions of this
). section shall be deemed guilty of mis-
q demeanor, and on conviction shall be
i liable to fine Of not less than So MOI
v mo than 500.
Sec. 3. The governor shall appoint fl
persons, all of whom shall have been re
n dents of the territory for three 90 or mo 8
years, and of at least eight (S) year,
a practical experience as druggists or phar
macists, who shall be known and styled
a "The Board of Pharmacy" for the terri
tory of New Mexico, one of whom shall
S hold the office for five (5) years. one fol
four az years. one for three (3) years
4 one for two (2) years; one for one Il.
& year in the first instance; and thereafter
q the governor shall annually appoint one
!. Q) person to serve as member of the
j. board of pharmacy, and shall hold the
n office for the term for which they were
!. appointed, or until their successors are
+, duly appointed and qualified.
They, the said board, and each
of them, shall within ten co.
J.. days after their appointment, o.