Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-02-13

Gentlemen: 1 have the honor to trans |
nit herewith to the house in which it |
originated, council bill No. ia, Gan act
With reference to the offices of solicitor
General and dictrict attorneys" etc, with
,ut executive approval.
The conspicuous and manifest purpose
If this bill is to take from the executive
Ill power to appoint territorial officials
power conferred by the laws of congress,
the organic act of the terri
;ory, and exercised by him, without ques-
ion from any source, from the Organlza-
Jon of the territory in 1850 to the present
time. The bill is, therefore, not only I'M
in its operation, but revolu-
tionary in its purpose and effect, and
would be imperative if finally passed into
the form of law.
The only method whereby this purpose
can be accomplished by the legislative
lies in the total abolition of the
offices in question to be affected by this
bill. No subterfuge of calling the offices
or their incumbents by different names
or terms, as is attempted, can avail to
change their nature or incumbency. They
are still territorial offices and the incum-
bents territorial officials. Nor can any
evasion or juggling with words change
the emphatic language or clear intent OF
the law of congress with reference thereto.
The legislative assembly has the un-
doubted power to abolish any of the terri
torial offices, or all of them, if it shall so
choose. But that is the only method
whereby it may destroy the power OF ex.
ecutive appointment. The expedlent OF
re-creating the same officials under
another name, clothed with the same
functions and invested with the same
power and responsibilities, and practi-
callv the same salaries to be paid out OF
the public treasury and the same fees to
be paid by litigants, does not make them
any the less territorial officials, nor their
appointment any the less subject to the
same provisions of the same organic act
The lst section OF the bill repeats the
act creating the Office OF attorney general,
and in terms vacates and abolishes that
office.
The I'd section creates the office OF
solicitor general, but invests the incum-
bent with precisely the same duties, func-
tons and responsibilities, and practically
the same emoluments, that pcrtalned to
the office of attorney general. 1t i'll all
respects re-creates the Office of attorney
general under another name, and further
illustrates the animus that runs through
and permeates the entire bill, by provid-
ing that the Office shall remain in abey-
ance until the LIST day OF October, 1883,
at which date it is apparently hoped the
personality of the executive authority OF
the territory will have been changed.
The 9Th section redistricts the terri
tory for district attorneys, very properly
increasing the number OF that class of
officials and provides for their election by
the legislative council and the certification
of their election by the president of the
council.
Leaving aside, for the sake of the argu-
ment, the propriety and legality OF this
method OF appointing this class OF otfi-
Gals, the assumption by the council OF
the sole power Of their selection is, to say
the least, inconsiderate OF the equal right
of the house of representatives, and
neglectiul of the dignity Of that body as a
coordinate branch of the legislative de-
partment of the governments branch
that represents far more generally and
directly, at least in numbers, the popular
will in the selection of local officials. 1t
is an assumption of authority that belongs
to one house as much as to the other, and
furthermore, in this case is an assumption
of superior judgment that the facts do
not warrant.
One clause, particularly, of this sec
ton is exceedingly indefinite and unin-
telligible. In establishing and defining
the districts of the several district attor-
neys, the enumeration concludes with
this provision: "And the one now pro-
vided by law for the I'd judicial district,
who shall hereafter act as the district at
torney only for the counties of Bernalillo
and Valencia"
Does this mean to legislate into office
for the next two years the present dis
trct attorney of the I'd judicial district ?
If so, it is Objectionable as an infringe
ment upon executive authority and OBJ
noxious to public policy. All legislative
appointments contemplated in this bill
are un-American and not in harmony
with that union OF executive action and
legislative approval which characterizes
our system of government, and from
which it is unsafe to depart.
The same section provides that "the
president of the council shall give the
district attorny elected by the council a
certificate thereof, which shall be his
authority to act and discharge the duties
thereof"
This certificate is in effect, and to all
interests and purposes, a commission, as
it is "his authority to act and discharge
the duties" of his Office. 1t is an attempt
ed investiture of member of the legis-
lative branch with an important function
of the executive branch of government,
and therefore unconstitutional and in
operative.
Section 1S41 of the U. S. Revised Stat
utes specifically provides that the gov
ernor "shall commission all officers who
are appointed under the laws of the ter
ritory." 1t is therefore not in the power
OF the legislative assembly to vest that
function in any other official or branch Of
the government.
A lawful commission carries with it the
power to exercise the duties of the Office
to which the recipient is commissioned,
and no attempt at evasion by providing
in its stead, or calling it "a certificate Of
ele ti)n," and issued by other than ex-
ecutive authority, can clothe the recipient
with the functions of Office, or take from
the governor the power to appoint by the
issuance of such certificate or commission
The authority to issue commission car
ries with it and includes the power to APP
point. 1t is in itself the essence of APP
pointment, and none but the executive is
authorized to issue such commission. BY
clear implication all others are prohibited
the exercise of such authority.
By another law of the United States,
section 1857, Revised Statutes, it is pro-
vided that
HA1l toupshin district and county Of