Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-07-11
HOLDS
SALARY Law
INVALID
BEAVEN AND GRUNSFELD
WIN THE FIRST ROUND
Judge Abbott Rules Former
County Officers Entitled to
4 Per Cent on Ground that
Law is Special Legislation,

ia sc Ira \ Abbou yesterday md
cd down decision IL the oaje O. the
territory of New Mexico vs.. John 8.
Bcaven. former treasurer and Siegired
.Gunsfeld former assessor OF Berna-
lilo county. in which the court hoids
that the law in 1907 under which the
salaries % the two offices were re-
duced to two per cent of the coliec-
tions and assessments respectively Is
invalid because ii Is special legisla-
ton, and that therefore Beovcn ana
Grunsfeld are entitled to the four per
cent allowed by law before the act OF
1897 was passed. The county OF Bcr-
|nalillo which Is the active prosecutor
in the case will take an appeal from
Judge Abbotts ruling to the territor-
al supreme court Attorney John W.
Wilson represented the interests OF Mr..
Grunsfeld before the court,
The conditions surrounding this case
are stil sufficiently fresh in the pub
lie mind to need little review.
Be~iven and Grunsfcd were elected
to their respective offices In ta0i uNon
a reform platform, having as one Oh
its strongest planks an outery against
the eXorbitant salaries which had Deen
paid to county officers particularly In
these two offices, the salaries going
usually to men who in ordinary business
lines could not earn any eonsidcrabie
part OF the sums drawn itohi t'o poP
ulat pocket. Beth beaNeh anu "rui'S-
field were strong advocates OF lower
salaries and were elected largely up
on declarations thai theH were ioi
reform IN this direction
The legislature or lsof paSseu
law re-classifying counties Tor SALARY
purposes and making cut OF TWO per
cent ia the rlte OF paymeet 10 th'fse
two offices in Bernanllo county, ana
placing a maximum Of S4,5eo on the
amount to he drawn Tor any year
1t is this law which the court NOUS
to be invalid because It Is held TO De
special legislation.
Both BeaVen ana drunsfeid server
out their terms Grunsteid was c"h-
'didate for denomination ON the re-
prblican ticket, but was deieated' lie
at once brought suit against the conn-
ty to recover the fun four per cent 10
which he held himseH entitieu' bea-
ven Wheh called upon 10 turh over the
county funds retained u cohslderapie
portion in the state Natlonai nahk'
where he deposited the county ruous
during his term, untll compciied u
turn the money over by the terri'orS'
His purpose was TO retaih the iou,
per cent for which Gunsteld had
brought SUIT The cases were prousht
together. the grounds belhg s'ililar
ana tried as one cause ana 'ne ot'ln'on
handed down yesterday by the court
marks the close OF the ilrst rouhu'
Judge Abbotts opinion when "
thorough ana cafeiully prepa'cu us
cussion OF the case, toiio"s ~ iuH.
Terrltory OF New MEXICO III 'he LIS
tflct court berhallo Noun'9'
IerrltorN on New McNlco' plalhuNi "
J'hh > beaVeh' et ai,' oeienua''s
:. 6fuhsield, plalhtltf' vs. bp''u VI
N"uh'A commissioners VI p'' ""'''''
county delehuahs' 40 ''Vi
opini"h ps ''o eou''
III edch ol thesc c"Sts tht auS''o
10 DC uetermlh'u Is "no'nel |u'p
10 OF lhc Session laws VI l'V' 10
"a as rcsarus III llshts oi tne uV'S
daht BeaNen ana the plhlnt'ii' "i""S
fcld involved III the causes
IN auultl"h 10 tno I"V's "i"ii''Ou "
the deihuTrVIs' supuidtionS oS '"' p"'
tles nave put other iac's On 'ic sni,''
roofing ana the CONSTITUTIONS oi tho
court are pascd on an tosel"er'
BrleiiS stated, the esseh'iai iacls d'o
tndt tnt u'i'"uah'' pe"Ncii' anu '"'
plalltlll' "ruhSieiu' were eiee'eu'
sprctlNeN' rea'"r y anu sossoi VI
berhdllllo county IN N'Vemper' i'oo'
Tor a term OF Two years 10 pes'" 'si
uary l. i'V'' Al the tliile oi ,i'e e'e0
uoh ana AT the beginning OF tie yer '"''
the compensation Oh tne COUNTY "e'
urer' as iiNed d Jaw was lour Pc
cent or me taxes anu license ICES coi-