Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-12-24
Disposition of KIock-Mann
Controversy By the Supreme
Court May Mean Much to In
coming Administration,
TERRITORIAL OFFICERS
MAY HOLD ON FOREVER
Declared Nh, Mcdonald is Pow
erleSS to Appoint Successors
Without Consent of Republi-
can Senate,
Especial pI.pateh to the Morning J0urnal.l ]

Especial Dispatch to the Morning Journai.I
Santa Fe, n. NJ, Dec. ga de-
cision which may be OF tremendous
Importance to the people Of New
Mexico was that handed down this
afternoon in the case OF the terri
tory of New Mexico tx rel George $.
kloek. appellee. VS.. Edward A. Mann.
appellant This Is the now celebrnt-
ed district attorney case In which
Governor Mills sought to remove Mr..
klock and appoint Judge Mann in his
stead The court holds that the gov
crnor was without the power to re-
move Mr. lSlock and that the present
district attorney is entitled to the
iees and emoluments Of the office as
though no attempt had ever been
made TO remove him. THIS feature OF
the case is, however. probably OF pure
~ local interest but the interpreta-
tion of the law upon which the opin-
ion IL based Is OF importance to the
whole state.
It Is of peculiar importance to Gov
ernor Mcdonald and the incoming
democratic state administration from
the fact that il Is declared by eminent
lawyers, the construction OF the law
made by the supreme court will rem
der the new governor powerless to
tdmete single appointive official
holding office under the authority OF
the territorial government aud con
firmed hy the Legislative counsel with
out the consent OF the state senate.
The governor Is q democrat while the
majority OF the state senator's are re-
pubicans 80 that II may readily be
seen that the governor may possibly
be placed In an extremely delicate
position position whore he viii be
Obliged to allow the present office
holders to continue In office or con-
suit the wishes OF the republican
senate.
A peculiar feature Of the decision
rendered by the supreme court today
is the fact that In its ruling the court
sustained the contentious of Mr. sum-
mers Burkhart or Albuquerque, one
OF the veteran leaders Of the New
Mexico democracy. ana candidate for
supreme court justice In the recent
election.
1t was contended by Mr.. Burkhart
that. although Mr.. Klock's two-year
term had expired, no Vacancy existed
In the office of district attorney
which the governor could fill under
the provisions of the New Mexico
law and that none could exist unless
end until the governor joined with the
legislative council in the appointment
of his successor, and that even II bS
the statute law OF the territory, there
would have been "A vacancy at the end
of two years but FOR the enactment by
congress OF the statehood enabling
act. get, by that act Mr.. klock was
continued In office until the procla-
nation OF the president declaring New
Mexico to be d state
This Is as far as MI sturkhart goes,
but Il Is pointed out by attorneys That
as the schedule clause Of the New
Mexico constitution continues in Of
flee All the present territorial oGii-
GERS until their successors are duly
appointed and qualified, the effect of
the decision VIII be TO continue in
office all appointive officers until
their successors are appointed by the
democratic governor and confirmed
by the republican senate, the court
holding that the appOintive power Is
vested jointly in the governor ana
the senate.
Under this ruling the present Off
GERS, In the event of disagreement
between the governor and senase,
might continue iu office until death
unless sooner removed for cause arter
dile hearing nv the proper authorities.
In inv decision tbe count holds that
Tho power nf onnointnlenf rests Joint
i, vitb mo Governor and The leglsla-
tk,e assemhlv nvccpt in ease of vacan-
cy In he nffirr The governor. acc
jnp alone can oniv anpoint to rim va
rnnoles which nppointments shall
expire on the commencement OF the
ne>t Legislative assembly thereafter