Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-08-05
CRAAF & HAYWARD,
ALBRIGHT WINS.
J. N. sANpovAL FAILS TO DUST
PREsENr ASSESSOR or Der.
NALILLo COUNTY.


Judge B. 8. Baker at Albuquerque
yesterday, handed down his decision
n the quo warranto case brought by
tho aOlicitorsGcneral Of tho territory
upon the relation Of Jesus N. Hando.
vi. against George r. Albright. the
present Incumbent Of the once Of az.
SCISSOR Of Bernalillo county.
The information set up the election
Of Jesus M. Sandoval to the once Of
assessor Of Bernalillo county 1t the
general election held In November Of
last year.
The answer Of Albright set up that
he held the once by virtue Of an ap-
pointment Of the board Of county com
missioners, acting under section 3 Of
the act Of the last Legislature. ap-
proved March II. being IN amend
ment to the act creating sandoval
county.
The principal questions involved
were:
First-Had the legislature power to
summariIy remove Mr.. Sanioval from
the ONCE Of assessor Of Bernalillo
county.
eecond-Had the legislature power
to authorize the county commission
err Of Bernalillo county to NIL such ".
cancy.
Thrd--Does the non.residence In
Bernalilio county make Sandoval incl.
isihle 10 hold said once. or In other
words, IL be eligible to be reinstated.
Judge Baker cites many cases GOV.
sring thu three points involved. and
rays:
II am Of the opinion that tho leg
islature has the power 10 terminate
the tenure Of any oficer holding An
once created by tho legislature;
therefore the legislature had the pow
er to remove or lcgislate Mr.. 6andoyal
out Of the once Of assessor Of Berna-
iill6 county, ami in 80 doing they did
not act dcrogatoriIy to. nor was their
legislation in conflict with the four
teenth amendment Of the constitution
Of the United States, a. contcnded for
BY the learned counsel for the solici.
tor general"
A to the second proposition: Had
the legislature power to NIL the va
cancy caused by the removal Of Mr..
Sandovale The court says:
This question was decided by me
In the case Of the Territory cx rel.
Curran ct n. VI Gutierres, ct al, be-
ing the cases involving the right Of
the present county commissioners. r.
G. 0utierres and Severe Sanchez.
The court In his opinion holds that
the flling Of the vacancy Is not spec.
ial legislation prohibited BY the terms
Of the act Of congress commonly call
Ell the Springer Act which provides
that where 4 general law a be made
applicable. no special law shall be
enacted.
II an, therefore. Of the opinion that
the act Of the Legislature. viz, sec
tion 3 Of chapter u. and section / Of
chapter ~, Is legal and that the iegis.
iature acted within Its scope and pow.
er.
ssThe other question raised by the
demurrer, to-wit, whether o. not San.
doyai's non.rcsIdence Of the present
territory OF the county Of Bernaliilo
makes him ineligible to be reinstated
~ assessor OF Bernalillo county. Is
not necessary for me 10 pass upon In
this action. for the reasons heretofore
given rs 10 the legality Of the stat
utes passed BY the last Legislature"
Mr.. Field gave notice that he would
ask for an order allowing an appeal
TO the supreme court at the next term
Of court as he expressed somc doubts
whether an appeal could be allowed
~ this time, the term Of court having
been adjourned a week or ten days
ago.