Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-06-13
ALBUQUERQUE NEW MEXICO SATURDAY JUNE la 1908

any power. to nil vacancies in the OF.
| fee OF county commissioners unless
such power is granted them by the leg
lslatiye power. II the legislative pow.
or cannot directly fill such vacancies
| then had the legislative power author
| lty to delegate such power 90 any per-
son or persons? In short. Is II pos
sible for the legislative power to dele.
gate to others o do that which II he'd
no power to do itself? The learned
counsel for the solicito. general de.
votes considerable space To local self.
government, and contends that II the
legislature can appoint officers in this
manner he apprehends dire and fear.
ful result We are not called upon TO
express our views of the virtues Of 10.
cal selfgovernmeHt, nor to predict the
effects upon the people In case the law
Is upheld by the court. II Is our
whole duty to decide what the law Is:
not what II ought to be We are call
ed upon to copstrue what congress. In
It's wisdom. meant when II said. "all
county officers shall be appointed or
elected, in such mah1er as shall be
provided by tho governor and the leg
islative assembly" Would II not he
wilful misconstruction to say that the
foregoing language meant the people.
or the &c ernor had the inherent or
primary legal right to al vacancies in
the Offices of county commissioners?
Would IL not do extreme violence to
our mother tongue? ID Is contended
that the appointment Of Gutierrez and
Sanches by the legislative enactment
complained Of. was local and special,
regulating the affairs OF Bernalillo
county. The appointment by the legis-
lative power OF Gutierrez and Sanches
as county commissioners of Bernallllo
county was certainly special and 10.
cal legislation. In the very nature OF
things il had 10 be; but we cannot
concede that Il was Regulating county
affairs" The duties OF county con-
missioners are specifically prescribed
by the statute of the territory: When
county commissioner complies with
the law. he acts as county commits.
sioner; when he does anything else
he is not a county commissioner, but
acts as an individual. The affairs
business and machinery--of the coun-
ty Is not affected or regulated differ
emily by o change OF county commits
sioners. There Is but one way pre-.
scrihed for all county commissioners
to act and that Is In compliance with
the law OF the territory: When one
commissioners drops out and another
takes his place. there Is no change in
the affairs OF the county A county
commissioner Is no more n part of the
affairs of the county than is the en-
sineer part Of the locomotive Let
rs concede for the sake of argument.
that the act was an interference with
or regulation of county affairs: II so.
would II have been less so had the leg.
islative power. instead OF acting and
using the power vested in Il by CON
gress directly. delegated IL to the gov
ernOr to appoint, or to the people to
elect? Would using that power sec
ond handed. free It from the objection
urged? Had political parties nominal
ed, and Of the nominees two individ-
uals been elected, would not the in.
dividuals thus elected have been grant
ed special and exclusive privileges.
immunity or franchise Gf II be a fran.
chise)? For power to al vacancies do
we not and are we not compelled to go
back TO section 1857. r. s.. supra, and
either take II direct or filter II through
some agency provided by the legisla.
| tive power? After all il Is the legis.
lative power that does II. The solicit
tor general through his learned repre-.
sentative. lays great stress upon the
case OF Morrison Y. BurKhart. l12 Pa,
32S It Is difficult TO understand how
one could apply the principles of that
case to the one at the bar In nut
shell. the Legislature of Pennsylvania
provided that in counties of not more
than 150. 900 nor less than 10000 in
habitants, the fees OF the prothonotary
should be changed and that they
should have an increase in fees ior
/ services from the inhabitants of the
/ county that should he called upon
10 do business with such officer. The
supreme court of the state of Penn
sylvania held that that was regulating
the affairs of counties Why. OF course
II was. They also say: ''The proth-
onotary is a county officer. While his
/ fees when received by him are his pri.
yate property, they are paid by the
people OF the county, not, indeed. as
sessed upon all the tax payers as a
salary would be, but upon all citizens
who have business with the office or
| litigation in the courts. Every clti.
zen of the county may be affected by
such an act, and most Of them surely
will be-" And when they are affect
ed by such an act they pay more. and
In the aggregate the citizens OF the
county were compelled to pay more
Tor what was done than they had un
der the former act, and as this was
applicable only to certain counties II
became local. and special, and affect
ed the regulation OF the affairs OF
| ~ t..... A