Estancia news-herald. [volume] (Estancia, Torrance County, N.M.) 1912-19??, 1919-01-30
Found--A Mares Nest
By the Mountainair Independent

, Inc county commissioners al
their adjourned session last Monday
at Estancia, called on the Assistant
District Attorney for advice, regard.
ing the matter Of appointing sue
cessor to County Highway Superin-
tendent T. E. Rodgers. The advice
given was to the effect that not hav-
ing had the appointing of said Off
cial, the county commissioners had no
authority to oust him and appoint a
successor. j. N. Bush of Estancia is
an applicant for the position and be-
ling an Estancia man, of course,
should have the place. By the same
process of reasoning Mr.. Rodgers not
being an Estancia man, should not
have it.
"When Mr.. Rodgers was nominat-
ed for county surveyor by the demo-
Gratis, one of Estancia's legal lights,
gave the opinion that he could hold
both positions, county surveyor and
Road Superintendent But when
Mr.. Rodgers was elected County Sur
veyor by the republicans, this same
legal authority reversed himself and
opined that one office was sufficient
for any man. Mr.. Rodgers inquired
of the then attorney general, who ad-
vised him that he could not hold both
offices, and he has not qualified as
county surveyor.
"For some reason the county COM
missioners are apparently anxious
that Mr.. Rodgers should qualify
They asked an opinion of the assist
ant district attorney concerning the
holding of both offices, and were in
formed that in his opinion, it would
not be legal. A message was then
sent the attorney general, and it has
been reported that the present attor-
ney general has given an opinion re-
versing his predecessor. Just why
the county board has not appointed
someone else as surveyor is not yet
apparent, as they seem anxious to
appoint someone else road superin-
tendent."
The foregoing is from the Noun
tainair Independent.
The county commissioners at their
adjourned session on the date men
toned did not ask the advice of the
assistant district attorney regarding
the matter of appointing successor
to the highway superintendent. The
commissioners did not have that mat
ter under consideration at all.
The only basis for the Independ-
ent's sputter is that upon Mr.. Rodg-
ers' bond as highway superintendent
coming up for approval, the question
was broached as to whether he could
hold that office and surveyor also.
The attorney generals office was
called, and during the time they were
waiting for the attorney general the
commissioners were informed that
Mr.. Rodgers did not intend to qualify
as county surveyor. His bond as
highway superintendent was then ap-
proved.
The commissioners have known
perfectly we'll that the appointment
of county highway superintendent
is in the hands of the state highway
commission, and is not a matter for
them to trouble themselves about.
AS to why the county board has
not appointed someone else as sur
veyor, it is very strange that such a
tremendously learned legal light as
the Independent editor claims to be
does not know that Mr.. Rodgers still
has several days to decide whether or
not he will qualify as surveyor. AS
a matter of fact and Notwithstanding
the great pretensions of the lnde-
pendent man, the commissioners
know their business better than he
does.
1t is known here, or at least talked,
that move has been on foot to re-
place Mr. Rodgers as county highway
superintendent. But the move is en-
gineered by a prominent Republican,
native. 1t is Republican kettle
of fish, and no Democrat is making
any attempt to get into the game.
Probably the man at the head of the
movement thinks that the office of
county surveyor ought to be suffi-
cient for the conversion of Demo-
crat to Republicanism, and the office
of county highway superintendent
should be used for getting Republi-
can who has been making excursions
off the reservation back into full fell
lowship. According to his view, no
doubt, the idea of using up two Of
fices to make one convert is useless
extravaganza.