The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-11-13
BOUNDARY LAW HELD
CONSTITUTIONAL BY
THE SUPREME COURT
Act Passed by the Third State
Legislature Is Valid, According
TO Unanimous Decision by High
Stste Tribunal.

~ w w NNNsAAH
Santa Fe. ~. NJ. Nov. i2-The state
supreme court Saturday handed dow
an opinion finding the boundary law
passed by THO Third state legislature
constitutional, affirming the decision
OF District Judge Reed HOlloman o.
the lower court. The court held that
u VIII not look behind the enrolled
land engrossed Din to the journal nf
either house OF the legislature for the
purpose Of finding out whether the
Legislature observed constitutional re.
"puirements.
The opinion is by Mr.. Justice Rob
erts and Is %concurred In by chief
Justice Hanna aud District Judg
Herbert +. Reynolds, who sat IN the
place OF Mr.. Justice Parker.
The title 81 the case ~ No. aI229.
state OF New Mexico. ox rel Frank
w CLANCY. appellee. vs. n. I. Han.
az treasurer OF tho state OF Sew
Mexico, appellant. Il, comes up from
Santa Re county Briefly stated The
history 81 the case Is 49, follows.
ON August !. 1871. Frank W.
Clancy. an attorney. presented 10 the
treasurer Of tho state Of New Mex
leo a warrant in his favor iu the
NhANA " a@M''s ItN hbAf NuA II Nllf
state boundary commission fund. and
drawn by W. e.. Sargent. state audi
tor. as part payment % SPECIAL ,ouu-
sci fees under he provisions of chap,
ter II. laws Of 1917. The treasurer
lof The state refused TO honor and
pay such warrant on the ground
that Chapter III Of the laws OF 1917.
by authority Of which tho wlrrani
Q - "a. 900. 49,. 90. .m.H .H
ment I'm violation ~ the constitutions
Iof the United Stttcs and the stat,
of New Mexico. ON August -. tHi1.
Franz ". Clancy filed his ipplico-
itiun and complaint On the district
court of santa Re county setting
forth the facts 81 the presentation
~ the warrant and the refusal 4
pas mont ana prayed for the issuance
u q writ of mandamus to compel the
state treasurer 20 honor the warrant
.n question, The alternative writ wa
dcyovdingl, ISSUED and directed TO the
state To this writ h state
treasurer made return ana answer
which admitted a. presentation OF the
warrant and the refusal 90 pay the
same. but which attempted to show q
cause for such refusal tina said act
was unconstitutional. specifying the
rcasun for such claimed unconstitu-
] ~tionality. Tho return uf the state treas
uror was held insufficient by the
tower cour, and . final Judgment ua~
! rendered by which a prremptury writ
J was ordered to be issued directed 90
! tn" treasurer commanding the paw
] mCH' OF the warrant. From whish
Judgment this appeal l. prosecuted
syllabus of the Court.
The syllabus follows
I. There rs a presumption iu fiyo.
~ the constitutiunality OF a statute.
ana IN accordance herewith, WHEN
J q statute b. susceptible of twu con.
s'ructions. one % which supports thu
] act aud gives Il effect ana the other
Z renders II unconstitutional and void
Z the former will be adopted. wen
! though the latter may be the more
: natural Interpretation Of the Ian.
z sutgc used. Held. that Chapter III,
z Laws 1917. rs not unconstitutional
! aud void. because II appoints a COM
Z mission FOR the inv, stigatiou an
Z scttlcmcut' uf the C~olorado-Ncw Mos
100 BOUNDARY - It vii he presumed
3 the legislature did no. intend to au-
thorile the commission itself to max,
: 4 binding settlement. bu, only to con.
duct negotiations Tor q settlement.
which would ultimately bc approved
by the legislatures 90 the two states.
. Said act IL not unconstitution1
I aud void because II authorizes tht
commission to commence and prose
cut amy and an actions necessary
and requisite IN the Judgment of IN,
commission Tor the proper dctcrmi.
nation and location of said uuuudarl
lines
g The act is not q delegation CD
legislative power because the legis.
. laturr itself authorizes and direc'
the institution of the suit aud make
the boundary commission the Hon
NJ the state Tor the purpose - sU do
2 ing
{ The court will not look benin.
the enrolled and cugrusscd BIZ prup
orly signed and certified af requires
= hy the constitution. and filed lu Ia
8 'oucr OF the secretary Of STATE. 4,
the Journal - either house nf IN.
3 lcRisl5 ture, Tor the purpose Of a~ccr
q tanning whether the legislature M
. observed tho constitutional rcquir
= mcn's as To- procedure. I'm the p1sr
Z age OF the bin. Kelly as Marion. 4.
. NJ s2p followed
= g. Where the state constitute
= docs not prescribe the duties % IN
. attorney general. % Is competent g.
4 the legislature ,u authorize nam,
. attorneys To- appear FOR tho state {
. litigation affecting its interests cor
Il provide f"T the employment II u'tor
. ueys hy u commission appointed
. represent the state.
. ''"" +" P"N'' '''''''" 10
. statute everything necessary Zoo carr
. out the powc ana make b., clt,ctu.
and complete VIII be implied
q