The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-10-19
SUPREME COURT To
PASS ON ARM0RY
BUILD|NG BILLS
Important Action Filed by
Luna County Citizens to En-
Join State Treasurer From
Issuing Bonds.

Santa Re. n. ~, oct, is.-Sult has
been filed in district court here by
citizens Of Luna county, acting
Through Harry II. Kelly, Dcmlng
banker. against q. y Marion, state
treasurer, TO cnioin the treasurer from
Issuing bonds under the act providing
for an issue Of SIS. 900 10 permit con
NtFuction Of n national guard srmory
al Deming. The suit is n friendly one,
TO determine validity OF the bond issue
before an effort is made 10 sell them,
and is Intended for immediate review
by the state supreme court. The UNI
derstandlng is that attorneys for
prospective bond buyers refused TO
pass the armory issues until a decision
~ the state supreme court had been
secured. incidentally the validity OF
some fifty other acts Of the last legis-
iature viii be determined al the same
time, the question at issue being the
completeness OF the house record Of
their passage.
In his complaint. filed by his attor-
neys, Naught and Watson, Of Demlng,
Mrf Kelly calls attention to the SEN
ate bills Nos. it6 and iis. which he
he says the senate attempted 10
adopt" He adds that "althoush the
said bills are now In the office OF the
secretary OF state, where they were
deposited by the governor Of the state
on the tenth and ninth days OF March.
1915, respectively. and each bears his
signature hy way Of approval and is
also signed by the presiding officers
Of each house so that the said bills
appear In the office OF the secretary
Of state as valid and existing law, yet
the s%ournal OF the house OF represent
atives, while II shows that said bills
weer on the 9th day Of March. 1915.
signed by the officers OF the house Of
representatives. fails TO show that the
same were read publicly in full in that
house as required by the first sem
tence OF section 20 OF Article 4 OF the
constitution of the state
Plaintiff adds hat he is advised Il
Is lat least a doubtful question"
whether these bills have become laws.
ana Ia view OF the report that the
treasurer y about 10 sch the bonds
for the payment Of which a tax is a.
be imposed on taxable property IN
this state, he asks a restraining order.
Mr. Clnny's Demurrer.
The demurrer 20 the complaint filed
by the attorney general declares that
the court cannot take notice "of what
Is or Is not entered on said journal
for the purpose OF invalidating "a stat
ute regularly authenticated, approved
by the governor and hy him deposited
IN the office OF tho secretary Of state
In paragraph 2 Of the demurrer il is
stated that no defect or omission b.
found in the records shown that the
bills were duly authenticated and had
been approved by the governor and
deposited with the secretary of state.
The third paragraph states The
constitutional provision that the fact
Of the reading publicly In fun in each
house n Of the signing Of any bill
by the presiding officer Of each house
is In the nature OF an order directed
10 the legislature. a coordinate and
independent branch Of the govern
mont. the Observance Of which ls not
"A matter Tor proper examination OF
Investigation BY the judicial depart
| ment."