Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-08-08

/ flerce, buIhiO, n. \.
to provide the manner In which such
offices shall he filled, either by ap.
pointment or ny election Is embodied
in the one section of the act OF Con-
gress, Section 1857, supra. Therefore
the Legislative power must first pro-
vide the office and then the officer
through an election or appointment in
the manner provided by the legisla-
ture. All the authority the territory
has conferred upon it to MI vacancies
in office is implied in the general
power given the legislative power as
contained in said Section 1857. There
fore the legislative power Is authorlz-
ed to fill vacancies. The manner of
filling them is left to the legislature
to provide And IL II can provide a
manner, sucn manner may be by d.
rect appointment. 1t may be conferred
upon the people to elect, 1t may be
conferred upon the governor to APP
point, or 1t may he conferred upon
county commissioners to appoint, as
in this case
II Is contended uy the learned coun-
sci representing the solicitor general,
that Chapter of the Laws of New
Mexico of 1901, precludes the legisla-
ture from filling vacancies. either by
| direct appointment or by appointing
commission to I'LL vacancies in coun-
| ty Offices 1t will be observed that
said provision provides that the gov
ernor shall appoint when a vacancy
shall occur by reason of death reslg-
nation or otherwise" The vacancy In
! the office of assessor OF Bernalillo
county was not caused by death, nor
! resignation. How about the term
| "otherwise?" Does that include a
vacancy caused by legislative removal,
or Is IL to be taken in its broad sense,
SO as to include any and all vacancies
not caused ~ death or resignation
We might inquire why the legislative
power delegated to the governor the
authority to I'LL vacancies at all. Ger
tainly the legislature would not have
delegated such power had there been
lature was In session. The session OF
the legislature being limited by law
to sixty days, that leaves the balance
of two years in which no vacancy
could be filed unless such power TO
fill had been delegated to some per.
son or persons. II no provision had
been made by the legislative power
to fill vacancies, could they have been
filled? Yes. by the legislative power
and by II only. II the legislature in
tended that any vacancy that might
occur shall he filled by appointment
by the governor, why should II speci-
fically point out vacancies caused by
death or resignation? II would Re a
serious charge against the legislative
intelligence that It meant any vacan
cy that might occur shall be filled
by appointment ~ the governor after
employing the language they did. II
the word otherwise" is TO be cen
strued % mean any vacancy. then the
words by reason of death or resig
nation" were surplusage and must
stand for naught. because they are
included in thC words ANY vacancy
We believe II to be universal rule
OF construction that when general
words follow particular and SPECIFIC
words, the general words are confined
in meaning to the Things OF like kind
and nature designated by the specific
words.
Sutherland on Stat. Con, Sec
26S.
Jensen VS.. State, 10 n. W. Rep,
37S (Wis.)
State vs. Dennison, SO ~ w
Rep, 3S5 (Neb.)
Roberts vs.. Jackson, Yerg.
(Tenn) 1872.
State vs.. Wood county. ~ Wis.
; CAT.
} In each OF these cases. the wore
otherwise" followed specific terml
and was construed to mean othe
, things of like kind and nature. II
the case of State VS.. Wood. supra
, the Wisconsin statute provided, re
ferring TO county road tax, (which
! shall be expended under their (count!
} board) direction. In making culverts
grading. graveling. ditching or other
, wise improving such highways"
Tho fsaurt aaId. "Ry n familiar rui