Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-02-19
GOVERNORS VETO
MESSAGE READ.
Dlsa yes OF
Council Bill Num-
Der Two
BUSY SESSION OF HOUSE
Number of Important Meas
ures Introduced and Con.
sidered.
THE COUNCIL.
Twenty-first Day--Mornina Session

The COUNCIL.
Twenty-first Day--Mornng Session.
Pursuant to adjournment the Coun-
Gil met this morning at 10 o'clock
President Spiess In the chair. The
Chaplain offered the invocation and
the Chief Clerk read the roll, all an
swering present except Mr.. Cameron,
absent with leave.
The minutes of the previous session
wer read and upon motion of Mr.
Chaves, ordered approved as read.
The committee on rules, Mr.. Mar
tlnez chairman, reported on the Gov
ernor's message vetoing Council Bill
Number 2, an act relative to the fill
ing of vacancies in county offices with
the recommendation that it, together
with the bill, be referred to the proper
committee The veto message was
read and together with Council Bill
Number 2, was referred to the Com
mittee On Territorial Affairs. The
veto message is as follows:
Veto Message No. 2.
February IS, 1907
To the President and Members of the
Legislative Council, of the Thirty
seventh Legislative Assembly, Of
the Territory of New Mexico.
Gentlemen have the honor most
respectfully to return to you herewith
Council Bill Number ?, entitled can
Act to repeal Chapter 2 of the Ses-
sion Laws of 1901 and to provide for
the appointment of county officers in
case of vacancies" without my ap-
proval of the same.
Chapter of the Session Laws of
1901 provided that after the passage
of said act whenever any vacancy
occurred in any county office in any
Of the counties of this Territory, by
reason of death, resignation or other
wise it should be the duty of the
Governor of the Territory to fill such
vacancy by appointment.
Section 3S, of Chapter l., of the
Laws of 1875. (Sec. GSS of the Com
piled Laws of 1897 provided that any
vacancy that might thereafter occur
in the Board of County Commission.
ers of any county by reason of death,
resignation, removal or otherwise, of
one or more county commissioners,
should be filled by appointment to
be made by the Governor of the Ter
ritory.
Section IL of Chapter II of the
Laws of 1889 (Sec. 619 Compiled Laws
Of 1897 is as follows: "In the event
of any vacancy in any county office,
now existing or which may hereafter
occur, in any county Except Boards
of Commissioners), or in any pre-
cinct, or demarcation in any county
by reason of death, resignation, re.
moval or otherwise, the county com.
mlssioners of the said county shall
have power to fill such vacancies byI
appointment until an election can be
held, as now provided by law"
(See also Sub-Sec. Is of Sec. GG4 of
the Compiled Laws of 1917
Chapter 2 of the Session Laws Of
1901 is obviously made in the nature
of special legislation and should be re-
pealed. 1t is well known that the
measure was passed for the purpose
of preventing the possible appoint
ment by the county commissioners in
a particular instance of certain man
to Office. The appointment of county
officers other than county commits |
soners has until 1901 been in the
hands of the Board of County Com
but they have not had the
power to fill vacancies in their own
as would be the case were
the measure returned to you to be-
come a law. The reason for asking
the exception provided for in Sec
ton 619 of the Compiled Laws is OBJ
vious. Circumstances could arise in
the case of death, removal or resigna-
ton of all three members of the
board of county commissioners where
there would be no power to fill the
created. The practical
reasons against placing the power to
fill vacancies in their own number in
to the hands of the county commits
sioners is also evident. It frequently
happens that two members of a
board are OF opposite political parties
Or OF opposing factions. If the third
member should die or retire much
practical difficulty, endless complca.
tons and great bitterness might easi-
ly arise over the question of appoint
Ing successor II the power of doing
so lay in the remaining members.
AS the act of 1901 was in the nature
of special legislation any measure re-
pealing that act should, in my opinion,
be SO framed as to place the appoint
ment Of county officials on the same
basis as it was prior to 1901, leaving
The method of filling vacancies in the
boards of county commissioners as 1t
has been since 1876.
have the honor to be, Gentlemen,
Your obedient servant
H. j. HAGERMAN,
Governor of New Mexico.
On the motion to adopt the report
If the Committee on Rules the vote