Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-06-10
ACT DECLARED
TO Be VALID
Judge Baker Holds Bernal-
lilo County Commission
ers Legally Ap-
pointed.
An EXHAUSTIVE OPINION
Power to Fill Vacancies Exists
in the Legislative Branch
and is Delegated by It.
An EXHAUSTIVE OPINION

Yesterday morning in the distric
court for the second district at Albu
querque, Associate Justice Benjamin
Baker held that T. C. Gutierrez AM
Severe Sanchez, appointed count.
commissioners of Bernalillo county b.
act Of the 35th legislative assembly
| legally hold their offices and are enti
| tied to hold them. When the ac
crea ting Sandoval county became law
| it was found that two members of th'
board of county commissioners Of Ber
nalillo county, lived within the boun
daries of the new county. The legis
lative assembly, by special act, ap
pointed T. c. Gutierrez and Severe
Sanchez to fill the vacancies. Tht
question of the right Of the Legislature
to fill such vacancies was raised ant
proceedings in quo warranto were
brought by Solicitor General z. L
Bartlett on information furnished ant
| affidavits provided by Thomas
appontees to show by what warrant Of
authority they held their offices. 1r
answer they set up the act of the leg.
islative assembly approved March II
and to the answer a general demurrer
was filed The question was decided
on the demurrer.
Judge Baker quotes all statutes OF
congress and of the legislative assem-.
bly, on the subject matter, beginning
with the organic act. He holds that
existing laws make it the duty of the
Legislative branch of the territorial
government to appoint or elect in such
manner as they provide, the several
county officers of the territory. MOI
does congress say what county Off
GERS there shall be but leav-
es that to the legislative power of the
territory. The court says that neither
the governor nor the people have in
herent power or any power to fill va
cancies in the offices Of county COM
ed them by the legislative powers. The
appointment of these two men by the
legislative assembly was undoubtedly
special and local legislation but the
court does not concede that was reg
ulating county affairs" His view is
that the duties of a county commits
sioner are prescribed by statute and
the mere changing of the official in the
office does not change the affairs and
machinery for the regulation and gov
ernment of the county any more than
the changing of locomotive engineer
changes the machine itself. The COM
missioner is no more a part of the
affairs of. the county than is the engi-
neer a part of the locomotive. Section
6SS of the Compiled Laws Of New Mex
leo provides that ''any vacancies that
NAV hereafter occur in the board OF
county commissioners of any county by
reason of death, resignation, removal,
or otherwise, shall be filled by ap-
pointment by the governor" In the
case at bar, the governor could not
have filled the vacancies as no provis-
ion was made for vacancies by legis-
latiye enactment; unless such vacan-
cies are to be understood as coming
under the word otherwise" The au-
thority to fill certain vacancies was
delegated to the governor by the leg
islative power because the legislative
power is in session but 60. days In two
years and some provision had to be
made for the balance of time. That
the legislative power intended this
mower to be delegated in certain cases
only is clear from the specified causes
given In the law. Had 1t meant any
vacancy, 1t would not have given the
specific causes for the vacancy exist
ing. If the word otherwise" is to be
construed as meaning "any vacancy
then the words specifying the causes
of vacancies are super1uous and must
stand for naught as they would be in
cluded in the words "any vacancy"
The universal rule of construction Is
that when general words follow partic-
ular and specific words. the general
words are confined In meaning to the
things of like kind and nature designa-
ted by the specific words. Section 6SS
gives the governor power to fill vacan-
c.es in the office Of county commis-
sioner when such vacancy Is caused by
death, resignation or removal. or va
cancies caused in like or similar man.
ner. 1t could not extend to vacancy
caused by legislative enactment. 1t
could not extend to such vacancy be-
cause it is not Of like kind as one
caused by death, resignation or re-
moval; and for the further reason that
the reason for delegating the power to
the governor would not then exist. The
legislative power being in position to
act, the legislature being in session,
vacancy occurring at such time, the
for the legislative power to
delegate it's authority would not exist.
The legislature itself construed the act
as to whether OF not the removal by
legislative enactment is OF like kind
and character as death. resignation or
removal, when It passed the act in
& s,s.s ,s.ss.4l----z- 2.ss..es. 1 -