The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1919-04-21

I upon which wa are now voting. Sec.
ton Z q article states that the com
riaaioneIr shall BE- the Judges VI rlec-
ton nnd Qualifications Of IA mem
befs. which. ~ course. u the Gifte
law That permits the legislature to
seat n one u picasea without any
recourse O. the courts Therefore, un-
der the ncW charter the commission
crs ma seat any they please and
there n no recourse 10 The courts un-
Ger the charter.
wiri Wiz I've Nonlnats~ig
The proposed new charter. article
2. section 3. provides that nny quall-
lied voter may have his maine placed
upon ihe official ballot ~ films with
the city clerk a statement ~ hla pro-
posed cnndidacy. Article 2. section
= ~ the proposed new charter pro-
Nldes that only ~ commissioner
shan be- nominated from each dis-
trict and that he shall be elected AZ
large IN i've men from district
ma place their names upon the Of
hc.al ballot hy nling q statement sirn-
~ b. two qualified voters. which one
upon the ballot ia to be considered
~ nominated from said district. be-
cause. % course. oniy one may be
nominated from each district These
two contradictory provisions show
NNNNN wv INNHW"|m INV NNNNNNN-NNt
paternity ~ which 40 person desires
To- claim-war drawn 20 cnreiessiy
that provisions IN u arc directly con-
tfndictufy, and Inst no court u tell
What 10 means
The Gun Warmnto lahlc.
There WIS a statement mad In the
Alhuquergne Morning Journal %
April 3ist TO the effect that any ons
cun nov hiring suit Tor uuo wnrranfo
am that fIIa l. p.r..ltt.I a.. ~. -.
law passed by the ierirlatu about
quo warranto, introduced hy Mr Al
bert clancy ~ santa Pc. This II also
implied in the letter from Mr Sc
dtllp. / huYe seen the new Law In
truduccd by Mr. Clancy and which
has become law. aud there IN ahso-
lutcly nothing In n hat could effect
charter and declare 10 uncnnstitutiun-
90 The supreme court has always
recognized that there ure two kinds 90
quo warranto proceeding one which
We may Call public Nuu wurruutu. be-
IA no o. bat the attorney gem
eral can be "a party plaintiff. and the
other which We may call "a private
quo vafranto. IN which the STATE u
u party upon the relation ot a private
Individual In the last class II eases.
such ~ contest FOR office. the state a.
a nominal party. the private iuhivid-
uai being the relntor and the inter-
ested party. The tisrucuun between
these two kinds u quo Narrantu are
BROUGHT out very clearly hy the no.
preme court u this state in the caso
% State "a rel Northwestern Culoni-
found ln Is New Mexico. nnd also in
the cas- of ruihrofa Tuwnsiio " Tu-
lnrosn Ditch. in % New Mexico The
new law provides that in eases % pri-
yate auu warranto II b. no longer
necessary 10 have the state as "A par.
- % 90 set the consent ~ tho attor.
ney general but also the new law
does not attempt 90 give "a private
citizen o. right TO Interfere IN public
quo warrunto or quo wurrunto which
ia purely governmental 70 Do so
would he about as logical or Just a. ~
allow u private citizen o. prosecute o.
criminal action Tor u commission Of IL
crime. Therefore, uuY person who
really desires Co Know the truth mny
easily confirm what I have stated hy
examining the new law ana th,
eases which have mentioned aud %
clearly appears lint uuN attempt o.
declare any cts form ~ government
Unconstitutional would have go hr
made uy tho attorney general uf this
state and hy hun alone.
Means Goutinucl Confusion.
4 consideration % these question:
must lead q one 60 the Inevitable
ennclusion That the proposed new
charter although passed by estlma-
DE gentlemen was passed lu the
closing days uf The legislature. with.
out any time Tor dellhcratlun or CON
suitution n revision. and that with
uLt % being any o. H special fault. 10
lH "a hudge-podFc That b. not even in.
tolliFihle ana VIII throw our cts gov
truulent into a. tremendous mouu 81
confusion ~ thaf uunC % IA Will
how % vote nr WHO D. nIo.inh