Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-09-09
GOVERNORS ACT
REMOVING FROM
Office BernaIilIO officials Is
USuTpatiOn Pure and
Simple.
50 SAYS ATTORNEY CHlLDERS

the discussion OF the orders OF Gov
ernor Otcro attempting TO remove
irum once the sheriff, treasurer and
ex.oHicio collector. and school super.
lntendont OF BornaHlo county, ! Wish
briefly to discuss the claim Of unllm-
tied executive power asserted by the
governor and hy District Attorney
Clancy IN the brief he nlod with the
governor feel sure that this claim
will asiound the legal profession aud
AN intelligent citizens OF New Mexico.
The bold enunclatlon OF such q claim
OF unrestricted executive control of
every office 10 the territory, now filled
by the votes of the people, transcends
in importance 20 the people OF New
Mexico. any possible charges against
the inclmbcnts of these Offices ! do
not mean by this statement 40 admit
that the charges nave been sustained
hy amy evidence produced at the SO.
called hearings. The suiiicioncy or
the truth oi these charges II entirely
Irrelevant 20 n discussion of the PEE
rogatlyo claimed Tor the territorial oX.
ocutve A simple statement of that
claim will show that Il d wholly i'm.
material az 20 the power 20 exercise
this prcf0Eatiyo. whether any charges
whatever were made or any evidence
adduCod len supp0 { Of them. What Us
thai GLAZING Read the orders made by
the governor and lt viii be- learned
that the executive bases mis- power
10 remove ON NO specific law OF the
territory or of The United States. but
We will quote the language of tho orr
der removing Che sheriff d, is as FOL.
lows
THAT bio continuance iu his Office
would make Il Impossible for me 90
discharge tho duty imposed upon me
by the legislation oi cong css mat I
shall take care that thc laws be falth.
fully exocuted.'"
The power of removal Is asserted
upOu the same ground In the orders
IN the other two eases. and Il Is the
pnly ground asserted. This "a the law
upca when the district attorney based
his claim OF the power OF removal In
his hrle, q Is an assertion that the
power which the president OF the
United states has 10 remove ofilcors
appointed 10y him. is vested In the gov.
ernOr of the territory as 20 officers
elected by the people for a fixed term
Il makes the governor the sole Judge
OF what act on the part Of a public
Official would render Il impossible for
the governor TO take care that the
laws be- faithfully executed" Il Is
immaterlal whether any act at all Is
committed or omitted u Is lmma.
tcrial whether ANY hearing Is had OF
any evidence adduced. This power
the president has as 20 certain classes
% officers. appointed by him. But
neither the president nor the governor
OF any state or territory has ever be-
tore assumed 20 exercise any such
power over an officer elected hy the
people. And | say this without the
fear OF contradiction. u u power
which ne supreme court OF New Mex.
leo denied 90 the governor a. go the
Office OBJ district attorney. I'M the case
OF wade ys. Ashonielter. n. NJ, 49,.
This decision haa never been over.
ruled, aud is based upon aud is sup
ported by cases decided by the high.
est courts IN the country. The act
OF congress creating the territory and
defining toe powers OF the governor.
provides. Il is true, that he snail
take-caro that the laws be faithfully
executed Our supI eme court has
quoted with approval the following
as 20 this pretended claim of executive
prerogatlye:
This clause Is merely declaratOry
and directory. Il confers mo- specific
powers, nor does Il onioin any SPECIFIC
duty This power OF general super
vision. says an able commentator on
Anne lean law, (2 walkers American
Law. 1881, Is a duty eniOined on the
federal aud state executives. II would
DO dangerous. however, to treat tails
clause as conierring any specific power
which they would not otherwise pos
soss. 10 Is TO be regarded as a com
.prehenslve description at the duty OF
the executive TO watch with an viz
ilanco over the public Interests The
governor Is not 10 execute the laws
himself, but 20 see them executed.
This duty Is porfol med by lending the
AID and power OF the executive arm
60 overcome resistance 20 law. The
history OF the federal and state gov.
ernmeuts AFFORD practical exposition !
OF this clause OF the constitution. Ia i
conformity with this construction The |
executive is o. see the AVS executed /
as they ltt 1c cE.Oun1sd by those |
20 whom that duty is exhausted. Ifl
tails clause confers the power of Gu.
perylsion and dismissal as TO one OH. |
Ger, Il also gives the same authOl ity /
over every other one In the govern /
HitAA NVNN whom tue IlIs 1
Torrance Of duty may be enioned /
The injunction 10 see the laws ex.
ecuted Is general, and sufficiently com
prohensive 70 embrace every law ani l
officer. II, under this clause the gov
ernor may dismiss the secretary, itl
cannot be seen why be may not as.
miss every other one, without re.
gard 70 their manner Of appoint
mont or the tenure OF Office, and |
thus. boy the construction OF one clause.
bring al the officers and the opera.
tioR Of all the laws OF the state, under
executive control. This would coun.
teract the whole scope and design OF
the constitution, by substituting the
changing and cRprlclous will OF one
man for the liked and known rules OF
the law. From this consequence there
is no escape, II the rule be as con.
tended fo.'-Wade vs.. Ashenielter.
4 n. NJ, 1856.
The reasoning and conclusions ex.
pressed In this quotation are univer.
sally received as settled law hy tbel
courts and writer's on constitutional
law IN the United states. The powerI
Of the president 10 remove from oficel
does not rest solely upon this same
language which Is found In the con.
stltution, nnd the difference hotweoal
the president and governor has by
an TIE auth0rltloH been discussed aud
HaMmna NUs. aunaaH fH....... 49,. ~. u