Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-06-13
.e &H15{ 6Hf1{n01
Levi Strauss Coos
CoPPer-riveted
ONeHa1lS

case. The supreme court said: "It
was not error on the part OF the lower
court TO exclude evidence under the
information claimed to allege a crime
under section 225. and which did not
allege the capacity in which the de-
fendant acted In opening and estab-
fishing the lottery therein mentioned
In short, perusal OF the Nebraska
case, supra dscluses the construc-
tiou that the word otherwise" fol.
lowing the word owner" was restrict.
ed to an owner. or some one in similar
or like capacity. So. where statute
re9d, that real estate actually pur-
chased or otherwise acquired by an
intestate. It should descend To the
father If he is living. or to the mother
of such intestate If the father is dead.
The words otherwise acquired" did
not include the land descended from
the pareDI
Roberts " Jackson, Yerg.. Tenn,
322.
and citing several other Tennessee
cases.
State v Wood County. 70 Wis. 637,
is a case in which the term other
wise" is construed, and which il Is
employed IN a statute as follows. re-
ferring to county road tax.
which shall be expended
under their (county board) direction
in making culverts. grading, gravel
ling, ditching or otherwise improving
such highways" The court said
BY familiar rule of construction,
the words or otherwise improving
such highways must be held to mean
the improvements of such Highways
by the making of culverts. grading,
gravelling. ditchlng or other improve
ments OF a similar character. and not
the building OF a bridge"
Applying this rule oil construction
to section 6SS of the complied laws,
supra, 1t would seem that the COVER
nor may fiji vacancies In the Office of
county commissioner when such va
cancy Is caused by death, resignation
or removal. or vacancies caused In a
like or similar manner u certainly
could not extend to a vacancy caused
cancy is not OF like kind, character
or nature. as one caused by death,
resignation or removal. Nor could II
extend to such "A vacancy, for the
further reason that the reason for
delegating the power to the governor
would not then exist. The legisla-
tive power being in a position then TO
act, the legislature being In session,
and vacancy occurring at such
time, would not prompt the legisla-
tive power to delegate its power to
fill such vacancies. AS to whether or
not the removal by legislative enact
mont is like kind and character as
death, resignation or removal, was
construed by the Legislature when II
passed the act appointing the respond
ents In other words, II comforting
upon the governor the power to APP
point Is in seeming conflict with the
act complained of. then the legislature
has construed the former act by re-
stricting II not to include vacancies
caused by legislative enactment. But
were the act appointing respondents
in conflict with said section 6SS, the
last act would be In force. The power
that authorized the governor to APP
point would certainly revoke II.
legislative Interpretation of statute
Is not binding upon a court, but should
have great weight. In Jackson ".
Board of Supervisors. etc, "a Neb.,
| $50. the court says: Legislative con
struction. although not necessarily
conclusive upon th3 judicial part of
the government, IL is entitled to great
! weight when deliberately given"
| Citing:
Bishop on Written Law.
Sedgwlck ou Stat. Const.
Coutant v. People, II Wend., 5ll.
We are OF the opinion that the legis-
lative power In appointing the re-
| spondents. Tomas c. Gutierrez and Sc
vero sanches, county commissioners
of Bernaillo county, acted within its
authority. scope and duty. We are also
of the opinion that the act complained
of Is not in conflict with the cOnstitu-
tion of the United States. the organic
act. or any act OF congress. and is
| therefore legal.
For the foregoing reasons, the de-
murrer ~ the answer of the respond
enis is overruled and the information
dismissed.
! by the Court,
b. S. BAKER. Judge.
How q Simple Cigar Earned $1,095.5O.