Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25

Oh oNiuoAoo oAcIou oy pho PAooeo"'nS
committee and accepted Otero's answer
to the interrogatores as full and complete.
Upon this the respondent was discharged.
The court then adjourned until Monday
morning at 10 o'clock.
The interesting opinion of majority
of the court in the legislative employees
cases, handed down by Chief Justice
Smith, is reproduced in full as follows:
In the supreme court of the territory OF
New Mexico, July term, 1898.
Celso Baca ..
vs..
Demetrio Perez, as
Auditor of Public
Accounts, Rufus j. ..
Palen, as Territorial
Treasurer, Tranquil
inc Labadie, as In ..... ......
tervenor.
The regular session of the 3lst legisla-
tive assembly of the territory of New
Mexico passed joint resolution No. 5, and
the same was duly approved by the gov
ernor on the Gath day of January, 1895.
This Joint resolution provided for the
employment and pay out of the territorial
treasury, of subordinate officers and EN-
ployes in and about the legislature, in ad.
dition to those provided for and paid IN
der and by act of congress, approved June
10, 1873.
On January %, 1895, the complainant
Celso Baca, filed his bill of complaint
with the clerk of the district court of the
1st judicial district, at Santa Fe, and
alleged that he was the owner of taxable
property, and was taxpayer, resident
in the county of Guadalupe, in said terri
tory of New Mexico, and that he brought
this suit for himself and in behalf of al
other taxpayers of the territory, anc
prayed for an order restraining and en-
Joining the said defendant, Demetrio
Perez, as territorial auditor of public &C.
counts, from auditing and issuing his
warrants to any of said subordinate Off
GERS and employees provided for in joint
resolution No. s; and to restrain and en-
| Join Rufus j. Palen, as territorial treas
urer, from paying out of any funds in his
hands as such treasurer, any warrants sc
issued in payment of services performed
by the subordinates, officers and employees
as provided for in said joint resolution
No. 5; and further alleged that the legis
lative assembly had no power or author
ity to pass said joint resolution, for the
reason that the same is in CONFIRMATION
of the constitution and laws of the United
States. The court thereupon made rule
upon the defendants to show cause, If any
they had, why an injunction should moi
issue as prayed for.
In response to the rule, the defendants
by their legal adviser, the solicitor gen
eral of the territory, filed their answer
admitting the truth of the material allie
cations in the bill for the com plainant
and E. L.. Bartlett, as solicitor genera
and solicitor for the defendants, and ths
cause was submitted on bill and answer
On January 20, 1895, the court granted ar
order for an injunction restraining and
en- joining the defendants, the auditor OF
public accounts and the territorial treas
urer, as prayed for in the bill of com
plant.
Thereupon, Tranquilino Labadie, as
translator and one of the subordinate Off
GERS provided for in said joint resolu
ton, appeared and asked leave to file an
intervening petition to be made party
defendant in thu suit, which leave was
granted. Said Labadie thereupon filed a
demurrer to the bill, and motion TO dis.
solve the injunction.
The demurrer sets out that said COM
plainant has not legal capacity to insti.
tute and sustain said suit; that the bill
of complaint does not contain or set
forth any matter of equity sufficient to
authorize the Injunction therein prayed
for; that the court had not jurisdiction to
grant or issue said injunction against the
said defendants, the said auditor and
treasurer, without this defendant and
other persons directly and materially in
terested in the object of said suit being
parties thereto; and that the said bill of
com plant is insufficient in law to author
ize or maintain the said writ of iniunc.
ton.
Chief Justice Smith delivered the opin-
ion of the court.
We will proceed directly to determine
whether the legislature, in the exercise OF
it's legal power, was authorized to supple
ment the officers provided for by congress
with employees of their own creation, and
to pay them tor their services out OF the
territorial treasury.
A recital of the legislation establishing
New Mexico, and of certain provisions OF
congress common 20 all the territories, ia
essential to an intelligent prehension
of the controversy.
Section 7 of the Organic act, approved
September 8, 1850, enacts that "The legis
lative power of the territory shall extern
to all rightful subjects of Legislation
consistent with the constitution of the
United States, aud the provisions of this
act"
Section 1851, approved September 9
1s5Oof the Rsvises Laws of the United
States, applicable to all the territories
declares that "The legislative power Of
every territory shall extend to all rightfu
subjects of legislation not Inconsistent
with the constitution and laws OF the
United States"
By an act approved January %, 1873
entitled "An act regulating the compen.
sation of the members and officers of the