Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-07-11


territory, II was fairly to be presume,
that their pay would ion to nor,
rather than less. an the same basis 10
the two years from January I. 1907, I,
january /, 1903. by It's terms. the ac
WAS 10 40 into effect al the last nam
ed date. January /, 1903. provided
as TO counties of Glass A this act shall
be in full force and effect from and
after the date of its passage Nov
Glass A consisted Of only one county
Bernalillo. and It's treasurer and rs
sesor were the only officers in the ter
ritory 10 be at once affected by the
act.
II al claimed IN support OF the vail
dity of the act that Glass A, might un
der its provisions have been increased
by the addition OF other counties for
the year 1908. That Is denied Oh the
other side. hut the decision OF the case
does not. in my view. depend upon
that point 1t Is not claimed that
Class A could contain any but Bernali-
Ito county for the year 1907, or that 1t
did in fact contain any other county
for 1908. or should on the basis OF
Increased collections have contained
any other. As, In fact. no county was
qualified for Class A In 1908. II be-
comes morally certain that 1t was not
when the act was passed, within the
bounds OF reasonable possibility that
ali tho other t~wenty.three counties Of
the territory could have become quail
flied for that class for the year 1908
IL may fairly be assumed, also. that
the necessary effect of the provision
WAS to reduce the compensation OF
the treasurer and assessor OF Bernali-
Ito county below what il was at the
ht ginning OF their term OF office, and
that they were the only Officers OF
those classes in the territory whose
compensation could be reduced by the
act In question during the year 1901
or in all probability would be so re-
iueed for the year 1908
The act also had the effect Of per-
hitting all treasurer and assessors, eN-
oepi those OF Bernaiillo county. who
were receiving more than $4,000
per annum. each. 70 go on re-
oeiyiag such excess except in the i'm
probable event of their counties be-
coming qualified for Class A. for the
year 1905. The proviso. which, II
sali0. you bring about those re-
suits. 1t d claimed contravencs the act
Of The ongrcs of the United States
at July 80. 1856. which prohibits the
legislatures OF the territories OF the
United States from passing local %
- .tial laws, creating, increasing or
diminishing fees, percentages. or al
3snanves of public officers during the
term Ter vhit h said officers We're ele,-
ted or appointed. and forbids local
OF srce ial legislation regulating coun-
~ affairs That the effect Of the act
in question would be TO reduce the
computation OF the treasurer and as
SCISSOR OF Rcrnalillo county elected IN
November. 1906, during their term Of
office lis not denied. IL only remains,
,iisn, to determine whether 1t was a
local or special law
IL Is unauestionahly true that
through proper classification logisla
ton may be made To apply 10 a part
only OF tho territory. Of the popula-
ton. or Of the property, OF 81 state or
other legislative district. Classt0ca-
ton, hot ever. must be based on soma
sound reason, warranting the iuclu
sions and the exclusions, which make
up the classification. To this effect.
the authorities are numerous and
weighty A few only of those most IT,
rectly in point are here cited
The grouping must be founded on
peculiarities requiring legislation. and
legislation which by reason OF the alb
of such peculiarities IS not neces
sary or applicable outside OF that
In other words, the true %prinCi-
pie requires something more that
q mere designation by such char
aeteristicS as viii serve TO classify
for the characteristic which Will
nus serve ~ u basis OF CLASSIC