Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-06-13

Hidllti VI tnt uuptutlOu lIom SctllOn q,
Il was re.enactment, and reads as
follows
All township, district and county
officers shall be appointed or elect.
ed In such manner as may be pro-
vided by the governor and legis-
lative assembly Of each territory.
Chapter SIS tStatutes at large, Vol.
....) provides that the legislatures Of
the territories of the United States
now or hereafter to be organized shall
not pass local or special laws in any
OF the following enumerated cases
l" Regulating county and town.
ship affairs; granting TO any
corporation. association. or individu.
ais any special or exclusive privileges.
immunity or franchise whatever" ="
This was amended. or, rather. given a
construction at the time the act OF the
New Mexico legislature creating San
Juan county was approved, as follows;
THAT nothing in the act approved
July 80. 1886. entitled an act TO pro-
hihit the passage O. local or special
laws in the territories Of the United
states. to limit territorial indebted
ness and for other purposes shall be
construed to prohibit the creation by
territorial legislatures of new counties
and the location Of the county seats
thereof Section 2. chapter 70. ap-
proved July 10. 1883.
Section eco uf the compiled laws o.,
New Mexico provides: Each county
shall be divided by the first board Of
commissioners holding office into three
compact districts as equally in proper
tlon to population as possible number
ed respectively by one. two and three,
and shall not be subject to alteration
oftener than once in two years. and
one commissioner shall he elected
from each OF such districts by the
votes of the whole county, as herein
provided"
Section 6SS of said compiled laws
provides ANY vacancy that may
hereafter occur In the board of coun.
~ commissioners OF any county by
reason OF death. resignation, removal
or otherwise, of one or more county
commissioners. shall be filled by ap-
pointment TO be made bv the governor
OF the territory"
The foregoing comprises the stat.
utes of congress and of the legislature
o, New Mexico on the subject matter
before us, down to the act complained
OF. II will be observed In section 1857
r. S, Of IT, s.. supra. that congress not
only conferred upon the legislative
power OF the territory the authority to
appoint or cause to be elected In such
manner as the legislative power may
provide. but Il makes 1t the duty OF
the legislative power OF the territory
10 appoint or elect In such manner as
they provide the several county Of
ficers OF the territory. The language
Is as follows: "All county officers
manner as may he provided by the
governor and the legislative assembly
OF each territory" II will be further
observed that there is nothing in the
constitution of the United States. the
organic act establishing the Territory
VI ANtN W'Ai'P, nbi any vi Aht a'NS
OF congress designating what county
officers there shall be In tire Territory
OF New Mexico That is granted by
implication to the legislative power or
branch of the territorial government.
When such Offices have been created
where is the power TO All these Of
fees. and by what means? Referring
TO section 1857. supra. We find that ''aIl
county officers shall be ap.
pointed or elected In such manner as
may be provided by the governor and
legislative assembly OF each terri
tory" BY this act Of congress the sole
and exclusive power To MI county Of.
fces Is vested in the legislative pow
er, with authority TO delegate such
power 10 the voters of the several
counties, to be exercised In such man
ner as may be provided by the leglsla-
tive power or the legislative power
may appoint such officers. BY the cas-
ual observer Il would be contended
that II is a vested right Ia every com
munlty, or at least every county. to
elect It's own officers; believing in To-
cal self-government; but when we look
at the last mentioned act OF congress.
we find that the voter has no such in.
herent right. and, In fact the only way
In which n county can have county Of
fees and county officers IL through
the legislative power as given II by
congress, and that instead OF II being
local selfgovernment, county Of
ficers may be appointed by the legis-
lative power, or by delegat!ng such
power to some person or persons. en-
tireiy ignoring the right OF local self
government and the right Of the peo-
pie OF each county TO elect It's own of.
ficers. The following case Is OF much
assistance 10 rs In constituting section
1857. II. s.. supra. In this case. peo-
Pile ex rel Waterman. v. Freeman. 50
Cal. 23S (22 Pac. Rep. i7S. statute
Of California Is construed. The stat.
ute provided th.st the state library Is
under the control OF board Of trust.
ees. consisting OF five members elect
a1 hv tha iaOiaiatura In mint annvan.