Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-08-08
the OPINION
ON ASSESSOR

Territory or New Mexico, District
Court, Bernalillo County.
Territory of New Mexico on the rela-
ton OF Jesus Ma Sandoval VS.. Geo.
+. Albright
This cause OF action Is based upon
an information by the solicitor general
OF the territory against George +. Al
bright. requiring the said Albright to
show ~ what authority OF law he
holds the Office of assessor of Bernal-
lilo county. For answer to the infor-
nation the respondent, Albright. says
he holds said Office by virtue of an ap.
pointment by the board Of county com.
missioners Of said county, acting I'M
der and by virtue of section of an
act OF the legislature creating Sando-
val county, approved March 10, 1903,
and the amendment thereof, approved
March ~, 1908. Respondent further
answering. says said Jesus Ma Sando-
val was at the time of the creation OF
said Sandoval county, resident of
the territory comprising said Sandoval
county. consequently, not resident
OF Bernalillo, and therefore not ellgi.
BILE to hold the Office of assessor of
said Bernalillo county. To the ans yer
of respondent the solicitor general
files "A demurrer.
The demurrer raises the legality of
said sec 'on 3 OF chapter 81, session
laws OF New Mexico of 1908, and said
chapter as amended by chapter 40 Of
said session laws. SAID section 3 Of
saiu chapter 2, reads as follows:
ION or before the first day of April
1903, the county commissioners of the
present county of Bernalillo shall give
notice of an election to be held on the
fourteenth day of April. 1903, within
the county OF Bernalillo as the same
will he constituted after the passage
OF this act, for the election of two
county commissioners, one probate
Judge and one assessor, TO serve until
their successors are elected and quail
fed ut the next general election. Said
officers so named In this section to be
at the time OF said election actual bona
fide residents OF the said county OF
Berr alillo as the same shall he consti-
tuted after the passage of this act.
The returns of said election TO be made
as the returns OF general elections are
made"
Said amendment contained in said
chapter 80 reads as follows:
Section 1. That section OF the
act 10 create the county of Sandoval,
approved on March TO- 1903. be and
the same is hereby amended to read
as follows:
Sec. g. That T. &. Gutierrez. to All
the unexpired term of the second dis
trict, and Severe Sanchez, be and they
hereby are appointed and constituted
county commissioners for the county
oil Bernalillo as the same Is constitut-
e.. after the creation OF Sandoval coun-
~. and the said r. G. Gutierrez and
Severe Sanchez shall qualify as said
county commissioners on or before the
firth day of April. A. ID. 1908, and shall
together with the county commission
ers now In Office for the said county
of Bernalillo. mold a meeting not later
than the tenth day OF April. 1903. and
the said three persons, as n board of
county. shall appoint one assessor
and one probate Judge for the said
county OF Bernalillo to serve until
their successors are elected and quail
fec at the next general election"
Said section 3 OF chapter "a In effect
declares vacant ,he Office OF assessor
OF said Bernalllo county by providing
..la af s.f nd
county. To say that II was not the In.
tent and purpose OF the legislature In
said section 3 to '.ot declare said OF.
fee vacant, II would have been more
than useless for the legislature TO
have provided for the election to I'LL
said office when there was no vacah-
cy to I'LL. said ofiice being filed oy said
Sandoval. Certainly II will not be con.
tended but what the legislature intend.
ed to declare the said ONCE OF assess.
or vacant. Whether they had the pow.
er so to do Is another question. The
legislature, constituting and acting un.
der said section of chapter 81
amended said section 3. as seen by
section OF chapter 40, OF session laws
VI iouo. lutItioIc, IL must NC tohttu'
ed tnat the legislature when 1t passed
said section 3 intended to declare
said Office OF assessor vacant and that
when 1t enacted said chapter 40. II SO
construed the said section g. To say
the legislature did not intend In said
section to declare said Office vacant
is TO make the language of said section
referring to the election Of an assessor
meaningless, as well as the provision
for the appointment Of an assessor by
the county con. missioners in said sec
tion /.
Inc demurrer raises three ques
tons list: Had the legislature power
TO sumarily remove Mr.. Sandoval from
the Office of assessor OF BernalillC
county, end: Had the legislature pow
er 10 authorize the county commits
sioners of Bernalillo county to III
such vanancy. 3rd. Does the non-res