Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-08-04
.SAND0VAL .
VS.. ALBRIGHT
Judge Baker Hands Down Lengthy
Decision in Favor CT
Contestee.
CASE TO BE APPEALED
- : 7
Will Ask for an Order Permitting Him
to Take the Case to the
Supreme Court.

| Judge B. S. Baker at Albuquerque
yesterday, handed down his decision ii
the quo warranto case brought by the
solicitor-genera ofsthe Territory upor
the relation of Jesus M. Sandoval
against George F. Albright the pres
ent incumbent of the Office of assessor
of Bernalillo county. The opinion is
very lengthy and it is regretted that
lack of space precludes it's publication
in full. :
The information set up the election
of Jesus M. Sandoval to the Office of
general election held in November of
last year.
The answer of Albright set UP that
he held the Office by virtue of an ap-
pointment of the board of county COM
missioners. acting under section 8 of
the Act of the last legislature, approved
March -, being an amendment to the
Act creating Sandoval county.
The principal questions involved
were:
First--Had the legislature power to
summarily remove Mr. Sandoval from
the office of assessor of Bernalillo coun-
ty.
Second-Had the legislature power t1
authorize the county commissioners OF
Bernalillo county to fill such vacancy
Third-Does the non-residence in Ber-
nalillo county make said Sandoval in
eligible to hold said office, or in other
words, is he eligible to be re-instated
Judge Baker cites many cases cover
ing the three points involved, and says:
II am of the opinion that the lagis-'
lature has the power to terminate the
tenure of any officer holding an office
created by the legislature; therefore
the legislature had the power to re-
move or legislate Mr.. Sandoval out Of
the office of assessor of Bernalillo
county, and in so doing they did not
act derogatorily to, nor was their leg
amendment of the constitution of the
United States, as contended for by the
learned counsel for the solicitor gem
eral.'
AS to the second proposition: Had
the legislature power to fill the va
cancy caused by the removal of Mr..
Sandoval? The court says:
."This question was decided by me in
the case of the Territory ex rel. Cur
ran ct al. VS.. Gutierres ct al, being
the cases involving the right of the
present county commiss oners. T. G
Gutierres and Severe Sanchez. The
court in his opinion holds that the fill
ing of the vacancy is not special legs
islatio prohibited by the terms of the
act Of congress commonly called the
Springer Act which provides that
where general law can be made ap>
plicable, no special law shall b. en-
acted.
"I am, therefore. of the opinion that
the act of the legislature. viz. section
8 of chapter 27, and section of chap
ter 40, is legal and that the legisla"
lure acted within its scope and power
"The other question raised by the
demurrer, to-wit whether or not San
iovals non-residence of the present
Territory of the county of Bernalillo
makes him ineligible to be re-instated
IS assessor Of Bernalillo county, is not
nece ssary for me to pass upon in this
action, for the reasons heretofore
given as to the legality of the statutes
passed by the last legislature"
Mr.. Field gave notice that he would
,sk for an order allowing an appeal
o the supreme court at the next term
If court as he expressed some doubts
whether an appeal could be allowed. at
his time, the term of court having
.een adjourned week or ten days