The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1916-12-18
QUESTION Of Who IS
TO Be GOVERNOR NOW
HAS CENTER OF STAGE
In Case Z. c dc Baca Does No,
Qualify a Merry Row Is Pre-.
dicted Republicans Said to be
Planning to Ignore Mcdonald


SAINT, Fr. Dec lN.-That tn. New
Mexico leg stature. noted tor hos"
PLAY IN the past. Is going to i've up To
IT. reputation his year now seems
probable. In fact. IL th"r" H. any
foundation for rumors which ATE row
being circulated the state Is face I"
face with the MOST serious situation II
has had to contend with ~ years.
IN. present muddlc comes up IN
Connection with the ~ heath at GOV
.,ruor-oloct T.. g de Bact. VINO IS now
iu los Angeles bctauSo Of failing
health. II hc fails To- qualify on Jan
.uurNl. or at The latest on January ~
whom the Legislature meets. It - re
ported tina the Republican abe
and the Republican lgislatCrc viii re-
fuse to recognize Governor Mcdonald
and insist ou recognizing " = ILu"-
-,N tn, new licutcui u, governor
Democrats, lawyers tt' unanimously
Ioi IN. opinion that under article 3"
.oi the state constitution. which pro-
Nidye that every Officer unless I'-
moNcd. shalt hold his offi'" untl ms
successor has dulN qualified. Govern
or Mcdonald viii hold oven Ar govern
pr uutl GoNrrnnr-"lclt u" I"t,t takes
tho oath ot office Many ~ik"pupli''uf
lawyers agree Win thiS opinion i"'
her, seems 60 nv little doubt thdt m
irs. he EiUa qualities. II i"tht ~ 'h'
uuI, the l.gisldtur" opens. tIcpupIl'Ah
leaders viii attempt To- gam control
lul the cN,Cutl'" ofiiCc. ON the Gtohild
lthat a Vacancy has been Vfeattd. u ~
!i,sardcd a. probable that the at
tempt "il hc made m thy event 'h'
: ruy,ruot-oio. fails To- t,h. The oath
cot otii,, ON january !
Art,lrs 9 and 20. II the youstitu-
1 ton. provide that the terms ni al
state. county and district officers
ish1II on tn. FIRST day "i
january following their election, ina
1 Alfl.lc . also provides that IN o1Ac
of e vacancy IN tn, Office OF g"N.tuof,
ltrc lieutenant LuVernur h shr'''"
Ito that office and To- All thc powers.
duties and ~omulumcnts thereof II
tho attempt tu grab h cNc'uuN" "l'
lice is made. It viii be- based on thtSe
d constitutional provisions. Tht Ike
/ uubli,tus Viii contend that failure "il
the part 81 DE Baca Ia dub.it, created
IL vacancy. amt that uudcr me '"i'''''
tu,iuu the lieutenant governor sue
,-cd- to the oitlCc
Tho attitude of " g. Lindsey liou'
ltsnint-gnvotnur-,i.,t. toward IN" re
publican plan. b. th" unknown guam.
lot, 20 thc situation mould Lindsey
(, uIsp taxi, the view that chunald Wa'
)l,nutIr. to hold over under the con
II Institution until De Ba,u qualified. th'
III plan would IAN nat
II If. ,u the uthci hand Lindsey h"l'
|!y.tn the Republican leaders attempt
D ... -L.fs.I 80 tho tNAIAFINl
Il Office. and assumed the duties of SOY
} ,ruor tu, most serious confusion un
u qu|,.ttouubls would follow. The u"
I publican legislature. refusing to r.
,opuilr Mcdonald. would recognize
Z Lud-., and confirm h, appoint
I m,nt>. and there would he twu met
foi ,,ory appointivc office In tn
I state. Tn, legality OF every legs
J ajiyo at would become questionable
I land the entire systm of stat" soy
y eminent would be upset.
Z Eventually. It H. sad Nae qnestio.
ylWDuld he PASSED upon boz TN" suprcm
i,ourt. but the action OF the e"n'
{imignt no delayed ny legal wranglinf
) ana iu tn, meantime the cnaoti. con
Z iiuou ut state yiialr~ Nouid cont lu'
4 Iudoabtedly with consequences q
iNf t'II ltllE INJURY IL W. tN'N' -
uu, stiou ct The power Of ne suprct'
court o.'r a coordinate branch u' u
81 ~pu,crnm,ul and a. 1" how II w"u.
J %cuiorro il maudat. uu 4 d" fact" so'
.ruor ALSO presents interesting pos
~jhilitIc~.
Z attorneys dErc" mat the dccisIo
4 - the supreme court would end ""
uulttiou as the tnn,roN crsN would ii
,ulN, uul, the Interpretation ot "a
state constitution Thu suptrinc coui
has hold tha the executive It the sol
Z interpreter ot constitutional proNi'
lun. directed tu his office
While reports from Los Aug"lcs ~
10 th" ,.fcct that the condition q
,o,,ruoi -pl"r, lie Batt ~ lmproNini
ihttr sim be- doubt that hl~ h.ait
= wi p,Imlt him o. return her" - tai
! 'ho oath ct Oft, ~. uu January l. al
Z is & result ui this fact ant the p!uI
3 ut lhv Republican leaders. New Me-
! .,u I- uuw threatened with one Of a.
4 most disastrous situations iu the hl'
.urv u| American uuluouV' aIti
{ Tyrone to be Made