Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-08-01

contravention of the legislation OF con
gress to n territorial legislature In that
same is not In so far as IL attempts
to deprive the said Jesus Maria San
doval OF the office OF assessor of Ber-
nalillo county for a portion Of a term
for which he was elected a rightful
subject by said territorial legislature:
but respondent alleges tnat the said
legislation In valid In every particular
and fully authorized and empowered
the county commissioners to appoint
this respondent 20 said office.
q. Further answering, this respond
ent alleges that the office OF assessor
for what remained OF the county OF
Bernalillo became and was vacant
by reason of said Legislation and
creation of the county o. Sandoval, II
having been previously a part OF the
county Of Bernarllo; and said legis-
lation being for the purpose OF divid-
ing the county of Bernalillo and Great
ing the county OF oandoval that the
Legislature had full power and author
ity to pass acts and every part thereof,
and thereby vest In the county com
misioners OF Bernalllo county the
power to appoint this respondent. or
such other person as they saw nj to
select, to the office of assessor for the
new county of Bernalillo, as the same
existed from and after the date of the
passage OF said acts. Respondent fur
Their alleges the office was subject to
the control of the Legislature and that
vacancy thereafter was created by
said acts above referred to.
Z. turther answering, this respond
ent alleges that by virtue Of an act
entitled, IAN act to create the county
of Sandoval" approved March 10. 1908,
there was created the county of Sando-
val /: the Territory of New Mexico.
and that the said relator at the time
OF the creation OF said county of San.
doval was and had been for a long
time and many years previous thereto
resident "a the portion of Bernalilio
county which WAS Incorporated into
the county OF Sandoval. and that by
virtue Of the passage of said act Great
ing the county of Sandoval, the said
relator became and was and still 10 Z
resiueDt of the county OF Sandoval and
IIot of the county Of Bernalillo. and
thereupon the salu relator ceased to he
upon the passage of said act a resi-
dent of the said county OF Bernalillo
ana was disqualified from exercising
the duties of the office OF assessor OF
the said county oi pernalillo to which
ne had heretofore been elected, and
Ia. the time OF the appointment and
qualification of this respondent as
such assessor, by virtue of his appoint
ment by the GOA. of county commits.
sioners under and by virtue of the ace
of the Legislative assembly of the ter
ritory OF New Mexico. entitled. An
Act to amend An Act entitled An Act
to create the county of Sandoval ap-
| proved March 10. 1893, approved
March IL, 1903. as alleged In the in.
formation in this cause such Office was
and has been since the date of the
creation of said county of Sandoval
vacant; and the said respondent
denies that he holds the said ofAss
and assumes to discharge the duties
thereo. wrongfully and contrary to the
form of the statute in such made and
proIided and against the peace and
dignity of the Territory of New Mex
leo.
". II. OHILDERS,
Attorney for Respondent
Territory of New Mexico. county Of
Bernalillo-ss.
George r. Albright being dul,
sworn. on oatn deposes and says: tina,
he is the respondent in the above en-
titled cause. that he has read the fore
going answer and knows the contents
thereof and mat the matters ant
things therein contained are true.
George +. ALBRIGHT.
Subscribed and sworn to before IN,
this gath day OF July, A. d.. 1903.
H. l.. MEDLER
Notary Public.