Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-02-11
ATTORNEY GENERAL IS
OF OPINION SPEAKER
BACA RULED CORRECTLY
he RENDERS OPINION WHICH PROVIDES FOR NEW EMERGENCY CLAUSE
and WHICH SUPPORTS Theory that CLAUSE IS PORTION OF
Hll ann THAT TWTHRS VOTE IS REQUIRED FOR WHOLE MEASURE
USELESS WRANGL|NG IN HOUSE
THIS MORNING ON AMENDMENTS

cided that they have not yet been re,
ported.
MY view is that when an act is put
upon its passage it stands before the
house as whole and must be adopt
ed as a whole, or it fails. With
section providing for its taking ef-
feet Immediately, two-thirds vote is
necessary. If a majority only vote
for the bill, it fails of passage. We
cannot assume that even mere ma
jority would vote in favor of the bill
if the clause providing for it's taking
effect at once were omitted. Unless
it can so take effect it might be un-
desirable to that majority, and pos
sibly of no value to anyone. can
not see how you, as speaker, under
such circumstances, could declare
that a part of the act had been adopt
ed and a part had been lost.
AS a concrete illustration, which
occurs to me probably because | am
member of the state board of equal
ization and confronted with serious
condition as to tax matters, 1t Is
quite clear at the present time that
we must have legislation to improve
and increase the valuation of proper
ty for purposes of taxation or the rev.
cnue of the state will not be sufficient
to meet it's necessary expenses inc
cluding a very large interest charge.
Various bills have been introduced
having for their object changes in
our present system of taxation. but
none / believe thus far which would
take effect Immediately so that we
would get improvement in the assess
ment of property which is to begin
next month. These various bills are
all looking toward some change in
the future, of which we would not get
any beneficial effect before the assess
ment and collections of next year. We
must have some legislation to take et-
feet Immediately in order to get a
proper assessment of property this
year. A bill for that purpose would
require a two-thirds vote, but II
adopted by a mere majority could not
take effect until the middle of June,
when the time for effective work in
connection with assessments would be
practically over. A mere majority Of
the legislature would not desire any
such act, as it wqV qVld be useless.
l venture to suggest for the consid-
Grafton of the house the advisability
of adopting slightly different form
to meet the requirements of the sec
ton of the constitution already re.
ferred to, so that such an embarrass-
ing question as has arisen in the
house might be avoided Something
like the following might be made to
meet such exigencies:
This act is necessary for the pres
ervation of the public peace, health
and safety, and shall therefore take
effect Immediately upon it's passage
and approval, provided it be. passed
by a two-thirds vote Of each house,
but if passed by less than a two
thirds vote of each house, it shall
take effect ninety days after the ad-
journment of the legislature.
If such a form be adopted, all diff
Guilty could be avoided by the speak
er declaring and having it made a
matter of record that the act had
passed either by the necessary two
thirds vote or by mere majority.
Very respectfully,
FRANK w. CLANCY,