Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1903-06-09

sentative, lays great stress upon the
case Of Morrison V. BurKhart. 112 Pa,
32E. 1t is difficult to understand how
one could apply the principles of that
case to the n at the bar. In a nut
shell. the legislature of Pennsylvania
than 10000 ror less than 10000 in
habitants. the fees of the ~prothOnOtary
,hould be changed and that they
should have an increase in fees for
services from the inhabitants of the
county that should be called upon
to do business with such officer. The
supreme court of the state of Penn
| sylvania held that hat was regulating
the affairs of counties Why, of course
it was. They also say: THE proth-
| onotary is a county officer. While his
fees when received by him are his pri-
vate property. they are paid by the
people of the county. not, indeed, as
sessed upon all the tax payers as a
salary would be. but upon all citizens
| who have business with the Office or
| litigation in the courts. Every citi-
zen Of the county may be affected by
such an act, and most of them surely
will be-" And when they are affect
ed by such an act they pay more. and
in the aggregate the citizens of the
county were compelled to pay more
for what was done than they had un
der the former act, and as this was
la1plicable only to certain counties. II
| became local, and special, and affect
ed the regulation of the affairs o.
counties. In the case at bar there i!
no such change of salary: There /!
not one cen more nor one cent les:
paid. In other words, the machine
moves along just the same, only
has a different engineer.
II is c~ontended that vacancie'
should be filled by the general Law
NOW upon the statute book, being SEE
ton 6SS of the compiled laws of New
Mexico as hereinbefore quoted. !
will be observed that said last men
toned section provides; that ANY va
cancies that may hereafter occur il
1.-THE board of county commissioners o
anv county by reason of death. resie
nation, removal or otherwise, shall b
filled by appointment by the Cover
nor" In the case at bar the govern
or could not fill by reason of a va
cancy occurring by death, resignation
or removal. There is not mentione
the filling of vacancies caused by les
lative enactment, unless it is implie
| in the word otherwise" The dut
I of defining the word otherwise" a
= used by the legislature, is impose
= upon us. We might inquire why tn
/ Legislative power delegated to the go
ernor the authority to fill vacancies {
. all. Certainly the Legislature woul
, not have delegated such power ha
| there been a vacancy occurring viii
| the legislature was in session. tt
sessions of the Legislature being limi
ed by law to sixty days, that leave
the balance of two years in which
vacancy could be filled unless sue
power to fill had been delegated
some person or persons. If no pr
vision had been made by the legisls
| i've poyer to fiji vacancies, could tn,
have been flled?. Yes: by the leg
%lative power, and by it only. If Il
Legislature intended that any Vacan
Y that may occur shall be filled by a
pointment by the governor, who won
it specifically point out vacanci
caused by death, resignation or l
moval? It would be a serious char
against the legislative intelligence tn
it meant any vacancy that might {
+, cur shall be filled by appointment
i the governor, after employing the Ia
= guage it did. II the word ''otherwis
r is to be construed to mean amy '
~ cancy," then the words, caused
reason of death, resignation or rem