The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-05-05

when the nrst meeting Of this
council was held subsequent to my
election. I had not seriously consid-
cred any person as successor 10 the
present city attorney. During the
progress Of h a meeting. q question
arose as To- the right OF the mayor Co
cast his vote upon the question Of con-
nrming nominations whcn the council
was equally divided, Not certain as
90 my power or duty under the law.
I submitted that question 20 the cry
attorney IN good faith. and vas adj
viscd by him positively that ] had no
such right. This advice being On al
legged by other persons present. I dia
not wish To- show disrcspect TO that
officer or the council by acting con.
trary 10 his advice. without emporium
ity Tor further Investigation. and go
took the matter under consideration.
After the close OF the meeting. m, at
tcntion was called 10 section 245G nt
the compiled laws Of New Mexico.
which provides.
The corporate authority OF cities
organized under this act shall he vest
ed In a mayor and a board ~ alder
men, To be dcnominated the city cou1-
cil.'
And in section 24ss OF the same
law, II Is provided:
The mayor shall be the presiding
officer and snail vote when there Is
% tie vote. but moi otherwise. He
shall. In addition TO the duties now
devolving upon him by law, have full
power 20 nominate all appolntivc of.
hcers. and II the person so nominated
shall receive a majority Of the votes
Of the city council. then they shnl
hold their offices for the term for
which they were appointed
These provisions Of law would
seem To be entirely clear and not open
to doubt or dispute. They say that
the city council Is not composed 81
the aldermen alone. but the mayor is
equally "A member OF the council win
them. except that he can only vote IN
ease 81 a tie, but there il no distinc-
ton or restriction upon the questions
upon which he may vote when there
is a tie.
II ann advised oy several compc-
ten lawyers that there h no doubt ?
dispute about this proposition under
our statute. and that wherever the
question has been raised in court
under statutes at all like the one
above quoted. the decisions lave been
uniformly 70 tina; erect. and / am
forced to- the painful conclusion that
the city attorney was either ignorant
OF the provisions OF the statute when.
he gave me the advice. or else he de-
liberatcly misstated the law. II he
did not know the provisions OF the
aN.NaaN. IN alA.tN1A sW al FuNNnaaa Ia Nn
informed me and the council that he
did not know, and not advised posi-
lively that | had no such right. II he
did know that he was ~wrongfully I'd
vising. then further comment IL un-
necessary. In either ease. he assumed
to give me positive Incorrect advise
as to the law, with the apparent pur-
pose OF endeavoring to prevent my
confirming in office my choice as
against the then incumbent In the
office Of city marshal. who, like him
self, was the appointoe OF an adj
ministration defeated by the people
AZ the polls,
when the meeting OF the council
was called by me on the 97th OF
April. after ! had been convinced
that the advice Of the city attorney.
previously given me. Was wrong, and
that II was my undoubted right to
vote on my appointments. I am cred
itabiy informed hat the city attorney
Joined Ia planning the effort hat
was afterward made To prevent my
casting my vote. In that meeting
the city attorney. for the purpose OF
preventing me from voting to con-
FtW.. ..aH .l.tL. uaa.l. uIgNuaN NInN
q motion to adjourn was alwa.'s In
order. when section 1858 OF the rules
of his council provide in express
terms hat such a motion Ia not In
order when "a vote Is being taken on
M proposition, and l. as mayor and
presiding officer To the council, was
attempting to east my vote. The
same rule further provides that the
action of the mayor In declaring tho
motion not In order. was conclusive
miles properly appealed from to the
council aud no such appeal WAS Ia
ken.
while this latter proposition is,
perhaps, a minor one. from the city
attorneys standpoint. II does tend 10
show the attitude OF the city attur-
hcg loNhlds the mayor anu pucHNiohh
In which he Is Interested.
Following this meeting. at which
the mayor declared his nominee duly
confirmed as cty marshal. the city
attorney Immediately showed himself
in the attitude OF the paid attorney
and defender of the former incum-
bent Ia the office OF city marshal.
and In hat attitLde. and FOR tho
purpose Of defeating the will OF tho
and v0uncilmen who voted
with him, left the city In the night
time and then, In the neighboring
city, To which ne had gone, made a
sworn statement 10 the Judge of the
court that the mayor vas
using force and threatening to use
force IN oUsting the lawful incumbent
from a city office and putting In N
other. Il rs well known. TO some, at
least, of the members OF the council.
that the mayor had taken no part In
the efforts To take possession OF Inc
office. other han to cast his vote
and sign q Cimmission, and the same
f..f noe frIlr LmaVrU - tho .Nsa IT