Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1903-06-09
COURT DECISION.
Concluded from page A.

concluded from page AZ
ed to an owner, or some one in similar
or like capacity. So. where a statute
read. that real estate actually pur-
chased or otherwise acquired by an
intestate. II should descend to the
father, if he is living, or to the mother
OF such intestate if the father is dead.
The words otherwise acquired" did
o include the land descended from
the parents.
Roberts V. Jackson, 4 Yerg., Tenn,
1922.
and citing several other Tennessee
cases.
State V. Wood County, ~ Wis. 637,
is a case in which the term other
wise is construed, and which it is
employed in a statute as follows. re.
ferring to a county road tax.
" = > = which shall he expended
under their County board) direction.
in making culverts, grading, gravel
ling. ditching or otherwise improving
such highways" The court said:
by a familiar rule of construction.
the words or otherwise improving
such highways must be held to mean
the improvements of such highways
by the making of culverts, grading.
travelling, ditching or other improve
ments of a similar character, and not
the building of a bridge
Applying this rule of construction
to section 6SS of the compiled laws,
supra. ii would seem that the COVER
nor may fill vacancies in the office of
county commissioner when such va
cancy is caused by death, resignation
removal. or vacancies caused in a
like or similar name 1t certainly
could not extend to a vacancy caused
by a legislative enactment. Such a va
cancy is not of like kind, character
or nature, as n caused by death,
resignation or removal. Nor could il
reason that the reason for
the power to the governor
would not then exist. The legisla-
tive power being in a position then to
act, the legislature being in session,
and a vacancy occurring at such
time, would not prompt the legisla-
tive power to delegate it's power to
ill such vacancies. AS to whether or
not the removal by legislative enact
is like kind and character as
death, resignation Or removal, was
construed by the legislature when it
,og@,l fln ant onnAintfnn th, rnCnnnA-
ents. In other words, If comforting
the governor the power to APP
point is in seeming conflict with the
act complained of, then the Legislature
has construed the former act by re-
stricting ii not to include vacancies
caused by legislative enactment. But
were the act appointing respondents
conflict with said section 6SS, the
asst act would be in force. The power
hat authorized the governor to APP
would certainly revoke it. A
legislative Interpretation of a statute
is not binding upon a court, but should
have great weight. In Jackson V.
Board of Supervisors, etc, "a Neb.,
$50, the court says: Legislative con
struction, although not necessarily
conclusive upon the judicial part of
he government, it is entitled to great
weight when deliberately given"
Bishop on Written Law.
Sedgwick on Stat. Const.
Coutant V. People, II Wend., 511.
W. are of the opinion that the legis-
Iative power in appointing the re-
Tomas C. Gutierrez and Sc
Sanches, county commissioners
Of Bernalillo county. acted within its
authority, scope and duty. We are also
Of the opinion that the act complained
Of is not in conflict with the constitu-
ion of the United States, the organic
act, or any act of congress, and is
therefore legal.
For the foregoing reasons, the de-
to the answer of the respond
ants is o%verruled, and the information
dismissed.