El Nuevo mexicano., 1916-09-21
LEGISLATURE ACTED
WITHIN RIGHTS IN
~P0STPON|NG CLARK
PUBLIC MONEY BILL
CONSTITUTIONAL 90-DAY PRovls-
ION MERELY LIMITATION ON
SHORTER PERIOD, SUPREME
COURT HOLDS

In providing that the Clark public
monies bill should not become effec.
tive until January i 1917, the last
state legislature was wholly within its
rights, according to a Lewiston Of the
state supreme court today.
The opinion, which is by Justice
Hanna, Chief Justice Roberts and JUS
tice Parker concurring, holds that the
constitutional provision specifying
that all laws, with the exception OF
general appropriation laws, shall 60
into effect so days after their enact
ment, is d limitation simply OF the
right of the Legislature to provide a.
shorter period than 80 days.
The public monies bill was drawn
by Senator John s. Clark, of Las
Vegas, and provides that all public
monies shall be deposited in ban
the bands named as repositories to
pay not~1ess than 8 per cent on daily
balances. and to give good and suffl-
Gent bond. 1t a passed by the SEN
ate, but was held up In the house
through the influence of Speaker Ro-
nero, on the ground, as alleged. that
IL would interfere with certain ar.
rangements for the deposit of San
Miguel county funds, and 1t was not
until the provision delaying its opera
ton until January /, 1917, was agreed
to that it was passed by the lower
body.
The case decided by the supreme
court today was brought to test the
Of law by the state OF New
Mexico 81 rel, New Mexico State bank
Socorro county against Max Mon
Socorro county treasurer. The
5ocorro county district court held that
The law was legal, and the Judgment
u the lower court was affirmed by the !
supreme court. The statement and
syllabus by the supreme court fol.
!
This is an action for mandamus
the county treasurer Of So
zorro county, New Mexico, to compel
he appellee to deposit $4,000 with ,
he appellants under the provisions OF !
Chapter 81 of the Laws of 1915. !
Judgment of the court below az !
:
Syllabus !
Held: That the constitutional !
imitation appearing in Sec. 23 Of Art. {
v of the constitution, providing that +
avs shall go into effect 80 days after q
he adjournment Of the legislature en-
citing them, except general %appropria ,
ion laws, etc, is a limitation upon
he right of the Legislature to provide
shorter period than 80 days after
he adjournment of the legislature t
vhen legislative enactments shall be- t
ONE effective. s
"Opinion by Hanna, j.; Roberts, G. =
!, and Parker, J., c%oncurring. y
auRDER AND BRIBERY Y
CONVICTIONS AFFIRMED
The state supreme court today a
lso handed down decisions in the r
asses of the State VS.. James Noah q
Daniels, from Guadalupe county, and 8
he State VS.. Robert N. Williams, from
county, both opinions being by /
ustice Hanna. In thecase of Dan &
SIS, who was convicted OF the muir ii
er of John A. Tatum, the Judgment d
{ the lower court is affirmed, the fl
yllabus stating: a
"A party seeking a p0stponement Il
[ q trial for any cause should 0rdi-
arily apply therefor by written mo- Ii
on, supporting same by affidavit" ii
The Williams case was mi OF a,
and in that the judgment of n
he lower court is likewise affirmed y
he syllabus in this case says: h
"Unless the assignment of terror X
the motion for a new trial clearly "
)~eciles the legal ground Of objec- d
on, the objection will not be con A
dered on appeal, where the question 4
not one Of jurisdiction. n,
Where the facts as to whether
witness is an accompIice are in dis
ute, the requested instruction,
larging that the witness is an ac- \
is properly refused FL