El Nuevo mexicano., 1918-01-24
OPINIONS BY STATE SUPREME
COURT HANDED DOWN TODAY

j. M. Scarborough, appellee. VS.. :,
e. Wooten, appellant, Quay county,
No. 1877.
This was an action for the recovery
Of damages alleged TO have been done
to the lands Of the appellee by tue
grazing of sheep belonging to the ap-
pellant. The action was instituted in
the justice court of Precinct No. 20,
Of Quay county, New Mexico, under
the provisions Of Chapter "a, Laws
OF 1909. The trial in the justice court
resulted in a Judgment for appellee
Of SIS and costs, and on appeal to the
district court a Judgment for the same
amount with costs was duly entered.
from which Judgment this appeal was
taken. Judgment OF .thei court below
affirmed.
Syllabus BY the Court
1. It was the evident intention of
the legislature to incorporate in the
Qualification of 1915 only laws of a
general and permanent nature.
Q. A general law is one which re-
lates to a subject Of a general nature,
or that affects all of the people of the
state, or all of a particular class.
g. A statute relating to persons or
things as a class is a general law;
one relating to particular persons or
things Of a class is special.
A. The prohibition contained in
Sec. 20 of Article Nv OF the consti-
tuition in the matter of local or spe-
cial laws regulating precinct affairs
has reference to sucn affairs as con-
Germ precincts in their governmental
or corporate capacity, with which
Chapter "a, Laws of 1909, is not con-
cerned.
s. The constitutional provision that
in every case where a general law car
be made applicable, no special law
shall be enacted, leaves a discretion
with the Legislature to determine tho.
cases in which special laws should be
passed.
g. Held, that Chapter "a, Laws Of
1909, is a special act but one not
within the inhibition of the constitu-
ton CSec. "a, Art. Iv) because a gen
eral act could not be made applicable.
7. Chapter "a, Laws of 1909, pro-
hibits trespass by live stock and sub
jects owners to liability for damages
without regard to whether trespass
.wilful.
s. Hill VS.. Winkler, 81 N. M. s.,
distinguished. .t
Opinion by Chief Justice Hanna,
Justice Parker and Justice Roberts
concurring.
Arteslan Well Case
Nv. r. Eccles, artesian we'll super
visor of Chaves county, plaintiff in
error, vs.. o. A. VIII, defendant in err
ror, Chaves county, No. 2057.
This writ Of error was sued out
for the purpose ofHeviewing the ac-
ton of the trial court in holding that
d%efendant. in errors mortgage was SUI
perior to the lien authorized by Sec
ton 266, Code 1915. This section of
the statutes is a part Of a chapter
which regulates artesian wells AMI
the artesian well s%upervis-
or, therein provided for, make repairs
upon artesian wells, or to plug the
in certain cases.
Judgment of the court below affirm
ed.
Syllabus BY the Court
The lien authorized by Section 266,
Code 1915, for the expense incurred
for repairs and work upon an artesian
well, in preventing the waste Of water
by such well, does not take pre-.
cedence oye a prior recorded mort.
gage. the statute being silent upon
the question. Such lien is not a tax,
based upon the theory Of benefits, but
Is for the cost and expense of doing
an act which 1t was the legal duty OF
the owner to do and which he failed
to do, and Is referrable to the police
power.
Opinion by Justice Robert, Chief
Justice Hanna and Justice Parker
concurring.
klssner Divorce Case
Joseph A. Klasner, appellee, vs..
Lille G. Klasner. appellant, Curry
Mo. 205S.
Appellee was granted q divorce
rrom appellant by decree OF the dis
srict court Of Curry county. which de-