Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-12-19
THE OFFICE OF SOLICITOR GENERAL.
1t Is an Important and Necessary Part Of
the Territorial Government.
carlsbad Argus

have advocated the adjustment of the
office of solicitor general on the ground
of economy and there being no necessi-
ty for such an office. This office, under
the title of attorney general, was Great
ed in this territory under the Kearny
code, in 1916, it being recognized at that
time as a public necessity for the infant
territory, and there is not a state or
territory in the Union which does not
have an officer of thai kind at the head
of the law department.
The duties and compensation of the
person holding the office have varied
from time to time in this territory, as
the public needs have increased and the
territory grown. In 1889 the title of the
office was changed from attorney gen.
eraP' to solicitor general" and a fixed
salary, in lieu of fees. was attached.
This salary is the same as that of other
territorial officers-$20OO-and it now
carries with it 5000 additional for con
tingent expenses Of the office.
1t is the duty of the solicitor general
to advise all territorial officers, boards
and commissions, as we'll as district at
torneys, upon any legal question which
they may present, and to serve without
compensation Upon various boards and
commissions, among the most impo:-
tant of which is the United States land
commission for the selection Of lands
under act of ongre of 1898. This act
makes the solicitor general of the ter
ritory ex-officio a member of that
board, and if the office should be abol-
ished it would prevent the commission
from doing business or selecting any
lands for the territory until the act
could be amended or the office re-estab-
lished.
The business of this office has in
creased vastly during the last ten years
by reason Of the growth of the terri
tory. the increased number of terrific
rial institutions. and new laws which
have to be interpreted by that officer
until passed upon by the supreme court.
1t is his duty to prosecute and defend
in the supreme court all cases for or
! against the territory which may be
brought to that tribunal, and there
have been during the last three years
from twelve to twenty cases of that
| character at each term of that court.
When the present school law went in
to effect in 1891 there We're numerous
new and vexed questions which arose
and which had to be determined in the
| first instance by the solicitor general.
His Interpretation of that law, we learr,
has in every instance been acquiesced
in, and there have been only two cases
in which the law was involved before
the supreme court. 1t is his duty to ad-
wise the auditor of public accounts anG
the treasurer of the territory upon all
legal matters pertaining to those of1i;cs.
Also the territorial board of equaliza-
| ton, before which sometimes intricate
legal questions arise. Such an officer,
either the solicitor or attorney general.
is absolutely essential for the purpose
| of enforcing the legal rights of the ter
ritory, where they may be assailed In
| any manner and particularly in the
matter of bringing writs of quo war
ranto, which under the a can only BE
brought by the attorney general or cor
responding official.
While the Argus has not seen any di-
rect attack upon the present incumbent
of that office, yet it is satisfied that this
movement for the abolishing Of the po-
sition is covertly directed against him
as an individual, and solely for political
reasons from gentlemen who are dis
gruntled with his course as a part Vi
the present territorial administration.
1t is unfortunate that personal preJu-
dice and partisan bias should take the
| course that it has in proposing to abol-
ish this, the most important office III
the whole territorial administration. Ii
there are valid objections to the incunl-
bent he should be removed and some
one else appointed in his stead, but to
propose to abolish the office for the
sake of getting rid of the man puts
those who advocate it in the very UNI"
enviable light of not understanding the
situation and necessities of the terri
tory, or as being utterly reckless OF
consequences; and it Is to be hoped that
the gentlemen who are advocating this
course in the public prints will, for their
own sakes and the good name of New
| Mexico, cease their attacks upon the
office itself and devote their energies
against the incumbent If they have any
good grounds for complaint. The office
is vitality necessary, and is not respon-
sible for the deeds of the holder.