Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-03-07
The Law and the Facts Con-
cerning Some Recent APP
pointments by Governor Nc
Donald and State Officers,
VETERAN PARTY MEN
SLIGHTLY PUZZLED
Democrats Who Bore Brunt of
Battle for Countless Years
Compelled to Sit Idly by While
Strangers Enjoy the Pie,
,sv. einl Dispatch to the Morning Journa,I

tsp.ciaI Dispatch to The Morning Journa'.l ]
santa Fe, n. NJ. March 6.--The law
reads this way, Hereafter, whenever
any subsequent legislature shall fail
TO pass an appropriation act, the same
appropriations made for the Sixty
first and Sixty-second fiscal years, are
hereby extended for each and every
fiscal year thereafter, unless otherwise
provided by law, and the territorial
auditor is hereby directed to cause a
levy to be made sufficient to produce
the revenue to meet such appropri-
ations in the manner prescribed by
law. Provided, that no clerk, territor-
ia officer clerk of the district courts,
and other territorial officials holding
commissions under the governor,
stenographer or employe. provided for
In the act, shall be eligible to be APP
pointed as such clerk, stenographer
or employe unless such persons shall
have been a bona fide resident OF the
territory of New Mexico for two
years prior to the date of such ap-
pointment."
The above quotation is from section
Ii, chapter 127, laws of the sessiofNof
1909, of the New Mexico legislature.
That is the law.
These are the facts: Last Monday,
March 4th, Howell Ernest, assumed
the office of bank examiner and state
travelling auditor. and at the same
time there entered upon his duties as
deputy, one r. J. Gilfoil. generally
understood to be the personal choice
of Governor Mcdonald for the posi-
ton. Mr.. Gilfoil, who halls from OK
lahoma, guilclessly admitted when
Questioned. that his residence in New
Mexico covered IA period of ten months
only, which renders him ineligible
under the statute. Even the personal
wishes of the governor of the state
though regarded as something TO be
respected, are not looked upon, from
a legal standpoint, as paramount TO
the law. The position of the governor
with relation to many of the party
wheelhorses is a little peculiar ana
they do not seem to know, in the
language Of a once distinguished
democratic member of congress, just
"where they are at"
Another recruit from outside the
state, who has hardly been in New
Mexico long enough to get his feet
warm at the political party campfire
is r. l.. Ormsbee. just appointed to the
position of chief clerk at the peniten-
tiary. having been handed the plum
by Warden McManus the bran new
superintendent of the state bastile.
Mr.. Ornsbee halls from an eastern
OF. L., y ltax oil l.
zen for less than a year Still an
other appointee, who comes under TINS
provision and is ineligible under 1t Is
+. p. Marion, of the state treasurer :
office. Young Marion comes little
nearer than the other two, who are
herein mentioned. but he Is still out
side the breastworks. 1t seems not
unlikely that Auditor Sargent viii
make an investigation of these mat
ters when the pay checks are called
for
one of the amusing things connect
ed with all this is the position To
which the old political warriors ana
their friends are relegated by the
putting to the front of these raw re-
cruits who had nothing to do win
the battles for statehood, and giving
them the opportunity to get their lips
al the public spigot. while those VII"
were on the firing line in one poliu-
cal battle after another. are banisheu
to the rear. The path In the capitol
corridor leading to the executive OF
flee. is not traverscd as il was In Feb
ruary. just after the inauguration. as
the democratic leaders who expected
to have look in. and thought their
requests would he more than simply
listened to. found rney were only
wearing out shoe leather and getting
no pie. The leading democrats of the
state drift in and out of santa Fe.
holding consolation meetings in secret
or standing in knots on the street
corners. talking with an amusing seri-
BUSINESS. and looking as II they had
been slapped in the face win WEI
dish rag. The iuutterinss are long ana
uccp and ssonizing.
The impression seems to he generai
that the Legislative session will he IN
teresting from all angles. IL Is re-
publican body. and the expression
heard from members as they drop IN
to town. is to the effect that they feel
the responsibility Of the position Z"
which they have been chosen. ana theN
alone viii he held accountable for the
laws passed. and work done. and theN
propose to make a record that the
people of the state will commend The
incoming legislature is high grade.
some Of the members of which VII
make an enviable reputation. beyond
doubt as they enter upon their duties
With desire solely to give 10 Ne"
Mexico. . wise. substantial and sens
iniy economic set OF laws
The general expression is for an cary
settlement Of the senatorships. so The