The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-02-02

the constitution the house Of
Representatives Is made sole
dictator or - own membership. At
iornes 0enerai Frank ". clancy has
sivsn an opinion in effect that the
present occupancy ire sierra
county scat In the hopss q eonsi
tiCna' and That measures passed
ylrtae 81 the sierra county vote win
not Be open to attack Ia the courts.
The Herald has the hlshest regard
for the ppiniCnn OF the attorney gen
efal. legal and otherwise. We do not
ASSUME 20 81 up our own negligible
legal knowledae aralnst hls maturs
knowledge and judgment.
In timeB past. however. and Ia a
very few lnssanees. the Herald nnds
records Of matters in which nj.
clancy has been wrohs. without re-
gard 20 tina. W also have the opin-
ions of three lawyers whose knowl-
edae and Judgment are az complete
and msture a. that Of n attorney
general. Theae gentlemen differ with
the attorney general They say. 10
fast. that he h wrong 10 that ne
ssems 20 overlook wholly another
constitutional provision--that in Ar
tieie : Of the fundamental law BY
which the governor. in event Of a va
ane Ia the legislature. IL directed
to IN Il BY calling q special election.
There was q vacancy IN the iegls-
Iatare. Il occurred when the Rspub-
Leans. by formal resolution. declared
the sierra county scat vacant. The
resolution BY which the Republlcana
sought 90 M thin vacancy OF their
own craaticn was mt passed until
tw~eniy-fouf hours Of the vacancy had
existed. IN the interval. and durins
the existence OF the vacancy. Gov
ernor Mcdonald. BY constitutions
right and direction. filled the vacancy
By calling a special election In sierra
county.
Upon thic ground. according to our
legal informants. Il will become pos
sibIe TO attaok successfully in the
courts any law which may become
law. or 20 onto the statute books. by
virtue Of the cae vote cas-, from the
Sierra county seat-unless the man
who shall be elected at the special
election In sierra county on Febru-
airy 9Th shall hold that seat and cast
that vote.
Without reference 20 the conceded
injustice Of the unseatlng Of BojoF--
quez. and without discussion Of the
political expedlency' given as the
only possible justification by the ma
jority. the R~epubllcan majority IN tina
house faces the proposition Of at least
u contest in the courts and possible
Modification Of laws passed BY the
one vote seated by force. They also
face the further proposition. In order
10 maintain their two-thlrds major-
ny, Of having to repeat the outrage
committed IN u%nscating B~ojorquoz. BY
refusing 10 seat the maj whom the
people shalt elect on February 9th.
Sierra county. without regard 20
politics. protested bitterly against the
BoIorqueE outrage. what will Sierra
county people do when the majority.
az We have no doubt IL will do. re-
fuses 10 seat a second legally elected
member from that county?
shoulc a Republican. by any
chance, be elected in sierra on Feb
ruary 9Th. the house majority. should
II seat him. will convlcs itself Of hav-
ing committed a ron II Il refuses
10 sea. the member elected. Il will
lay itself open definitely ana finally
20 a review by the courts Of any act
passed by virtue OF the vote obtained
by the seating Of Mr. chavez.
The attorney general and the party
managers Notwithstanding. II looka 20
the average citizen an " h house
majority IN lis EFFORT 10 get lts two
thirds majority. had got itself into a
mighty uncomfortable situation.