Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-11-18
lFM|NG ARM0RY
BONDS VALID, IS
COURT S OPINION
Case of Far-reaching lmpOr-
lance. Affecting Many In
terests, Is Handed Down by
Chief Justice Roberts,

- n Nov. 1.-THE state SUI
I'm. court today handed down an
.oo IN the Deming Armory bond
s.. a ease which is one Of the most
mortaus that have come before the
~. supreme court thus far.
s;vr.one other acts questioned be
.o II irregularities of procedure in
,.i, massage. are validated by the de-
49,, Al least indirectly. The legis'
,mre had made appropriations OF
-, 600 each for armories at Deming,
carlsbad ana Gallup. The opinion is
.- chief Justice Roberts and all the
.,ber Judges concur in it, The case is
.n,tled Kelly, appellant VS.. Marion,
.aie treasurer appellee.
Tbe court also affirmed State VS..
aaardo Ascaratc, appellant, who had
tssp found guilty of manslaughter
IN sent To the penitentiary for nine
!. len wears from Lincoln county, on
change Of venue from Dona Ana
.oprty for tie killing of his wife,
Ann, Barela dc Ascarate
The Judgment Of the court below IS
,erersed and remanded to the extent
AZ making available for the education
mn The children an amount reasonably
efficient for their support and edu-
cation. in the divorce case of Dorothy
p Fullen. plaintiff in error, VS.. Louis
4 Fullen defendant in error, from
Chayes county
Kelly vs.. Marion.
This is suit regarding the validity
Of the bin providing for an armory
building in the village Of Deming and
plhorizing the issue of bonds TO pay
FOR Il. upon am Injunction on the state
treasurer To enjoin him from advertis-
.Bg and selling the bonds, it being
claimed that the bill was not regularly
passed for the failure Of the journal
ia show that the bill had been read
in fun in each house after being en-
rolled and engrossed as required by
.ha constitution
Judgment Of the court below af-
tmed
syllabus BY the Court.
4 The enrolled bill which has been
signed by the speaker and president
Of The respective houses as required
BY section 20 Of article 4 Of the con
aitulon and approved by the gov
dnor and deposited with the secre-
ary " state as required by the con-
aItuton section AS, article 4, is con-
elusive upon the courts, as To the reg
uariy Of It's enactment, since the sig
muies of the officers are solemn
declaration hy the officers of co.
ordinate department that the bill rs
enrolled was enacted and approved.
2 Each of the three departments
Of the government is equal and CO.
ordinate and responsible only to the
people and the courts are not war
lnted in assuming that their de-
partment is the only one to which II
SAFE To entrust the enforcement OF
The provisions of the constitution reg
Mating the Enactment of statutes.
The courts will not look beyond
The properly authenticated legislative
acl on file in the office Of the secre-
lary Of state, certified and signed as
required w the constitution, to the
Journal Of either house for the pur-
pose of determining whether such act
sas read in fun therein, after it had
@en enrolled and engrossed, as re-
cured by section 90, article 4, of the
constitution.
The ease Of Earnest VS.. Sargent,
l'o Pac, l.O0S, wherein the court
ned that il would look to the journal
" ascertain whether an act had been