Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-02-14
REMOVAL Of
COUNTY OFFICERS
To Be After Fair
Trial in District
Court
GUILT MUST Be PROVEN
Measure Containing Wise
Provisions Introduced By
President Spiess.

If Council Bill Number Al, intro
duced in the Council by President
Spless, yesterday becomes law, pub
lie officers will hereafter be removed
from office only after a fair and i'm
partial trial in district court,
The bill in question is entitled an
act providing method for the re-
moval of public officers.
1t provides that when tax payer
of any county shall make affidavit to
the district attorney, that any county
official is guilty of malfeasance or
gross immortality in office, the district
attorney shall bring proceedings for
the officers removal in the district
court for said county If the officer
is found guilty he shall be removed
summarily. If he be acquitted, he can
recover costs from the county.
The biz is in reality companion
measure to Mr.. Hollis bill in the
House which provides for the filling of
vacancies in county offices by the
county commissioners.
The bill introduced by President
Spiess is as follows:
Council Bill Number a..
AN ACT PROVIDING A METHOD
FOR THE REMOVAL OF PUBLIC
OFFICERS.
Be it enacted by the Legislative AS
sembly of the Territory of New
Mexico.
Section / Whenever any tax payer
residing in any county of this Terri.
tory shall present to the district at
torney for such county an affidavit
setting up specific facts and charges
against any county officer of such
county, which. in the opinion OF such
district attorney. show such officer to
be guilty of misfeasance, nonfeasance,
malfeasance, misconduct in office or
nagrant immortality, it shall be the
duty of such district attorney to file
an information In the district court OF
said county, in the name of the Ter
ritory of New Mexico, setting up the
material facts contained in such afIi-
davit, and praying that Judgment be
rendered by said court removing such
person from his office and declaring
the same vacant; Provided such in
formation may be filed on the district
attorneys own motion.
Summons Issued in Regular Order.
Sec. 2. Upon the filing Of such in
formation, the clerk of said court shall
issue d summons directed to such Off
Ger, conforming as near as practicable
to the summons in a civil action, di
recting him to be and appear before
said district court within twenty days
from the date of service thereof to
answer said information. A copy OF
the said information Shall be attached
to said summons, and the same shall
be served and returned in the same
manner as a summons in an ordinary
civil action.
Sec. 8. Within twenty days from
the service of said summons, said Of
ficer shall appear before said district
court, file his answer to said informa-
tion, and said court shall Immediately
proceed to hear the proofs in said
cause on behalf of both parties and to
determine the same Said cause shall
be prosecuted on behalf of the Terri.
tory by the district attorney, and shall
be heard and determined in sum
mary manner, but the procedure Shall
conform as near as practicable to that
of other civil actions, except that nc
jury trial shall be allowed therein.
Sec. a. If said court shall find that
such officer has been guilty of mis-
feasance, malfeasance, misconduct In
office or fragrant immortality, Judgment
shall be rendered ousting such officer
and declaring his Office vacant, and
Immediately upon the entry of such
Judgment such office shall be and be-
come vacant, and shall be filled as
provided by law for other vacancies
in such Office.
Has Recourse at Law.
Sec. S. In case such Judgment be
rendered, the officer SO ousted may
prosecute an appeal or sue out writ
of error therefrom in the same man
ner and to the same effect as the
same may be sued out or prosecuted
from final judgments in civil actions
but no such appeal or writ of errol
shall operate as a supersedes to, OF
stay of such judgment, nor shall any
supersedes or stay be in any manner
allowed thereof.
Sec, 6. In case such officer shall
fail to appear and answer in accord
ance with said summons, said court
may judge him in default and proceed
to hear and determine said cause al
in default in civil actions In case sale
officer be found not guilty he shall re
cover Judgment against such county
for his costs./
Sec. Z. justices of the peace, con
stables and members of boards Of
school directors shall be subject tc
be removed for the foregoing causes
and in the foregoing manner, excep
that the affidavit hereinabove provided
for must be made by a resident am
taxpayer of the same precinct o.
school district as that for which sucl
officer is elected: Provided, that thu
district attorney may file such infor
nation In such cases ON his own mo