Albuquerque morning journal., 1907-07-07
soMr H4nD PRoposiTtoy's.

There are so many points of SINH
larity between the cases Of former
Governor l.. Bradford Prince, who
was removed by Governor Otero as a
regcin of the Agricultural college, and
the case of Arthur Trelford, who was
forcibly elected from the superinten-
dents office at the Territorial prison,
that Mr.. Princes summing up of his
case becomes of considerable interest,
This summing up is so clear and fore
ible that it is worth reading again
and reading carefully. In summing
up his ease, Mr. Prince said
| have acceded TO the suggestion that the
| history Of this case should be printed, be-
| cause it seems to point SO directly to the
necessity for legislation, either congressional
I or territorial, to correct the extraordinary
/ situation which is shown to exist.
| II the decision of the judge is correct, as
We are bound to presume then there is M
law relative to appointments which the
| executive need observe: in fact there is ne
use in having any such laws because there
| is no way in which acts contrary to them
can be reviewed.
pointee OF the governor, has 1t in his power
20 say that he viii not permit process to
| be brought TO test the rights Of an officer
removed at the pleasure Of the governor and
| II such refusal by the solicitor general is 81
entirely within his sole discretion that
courts cannot control IT. or provide Other
means Of attaining the desired result; then
surely. it is time for legislation to correct
1 such condition
II person appointed for term fixed
| by law at five years, and confirmed by the
council for that term, can. after the council
adjourns. be removed at the pleasure Of the
governor and someone Of his choice sub
stituted, then there is no use in having es-
! tabished terms Of office, or in providing
for confirmation by the council
II person, unlawfully removed from an
office, cannot get into court even far
enough to file an information which will
bring the facts before the judicial tribunal
| Tor investigation without the permission of
an official who is the creature Of the very
game executive that has made the Illegal
removal; there is evidently need Of RENE
dS by legislation.
If a person who, by law is made in
eligible to hold an office is appointed in
defiance Of that law, and there is no way
IN which a proceeding to test his right Ia
hold the office can even be instituted
much less prosecuted to a decision: then Il
rs evident that the law Is Of no value.
II certain qualifications are established
by law as essential TO the holding of certain
offices but persons are appointed who do
not possess such qualifications and there
rs no way in which even to,calI in question
their right to the office: then tho estab-
lishment Of, qualifications is evidently a
waste Of legislative energy
II Is a legal axiom that whcneverra right
exists. there is law to enforce IT: and
whenever there is wrong there is a law
to redress it, But here we find that a citi-
yp hYN M 1.tr, ,Ev
enforce 1t; and when wrongfuly deprived of
such office he cannot obtain redress Such
an anomaly evidently requires legislation
for It's correction.
The courts are intended to be open for
the hearing Of All matters in which the
rights of property or individuals are con-
ccrned But here their doors can he
uEhtIy closed. So lightly that even the
court Itself cannot open them-by tho veto
ot tho solicitor general This certainly
calls for legislative reform
But Attorney General Prichard. in
refusing to allow "A review by the
courts of the action Of the man who
appointed him ana whose creature he
is went much further than did the
solicitor general in the case of Mr.
Prince. Prichard not only refused the
writ but he went further and laid
down the doctrine that for the ipdf-
'idual who had incurred the dispIcas-
ure of him or the men who direct
him, there are no courts, no individ-
ual rights, no laws. He has set m
the theory that in matters in which
Inc executive is concerned the chief