New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1921-11-04
CHIEF JUSTICE ROBERTS
RETIRES AFTER TWELVE
YEARS FAITHFUL WORK
(Ry Guthrie Smith)

After nearly IL years OF service
upon the supreme bench of New Mex
leo. territory and state, Chief us.
tice Clarence J. Roberts has retired
to private life and returned to the
practice of law. The resignation, ten
dered some weeks ago, has Just be-
come effective Justice Herbert +.
Raynolds is elevated to the post OF
chief Justice, under the terms of the
state constitution, which defines the
order of succession.
By appointment of Gov. Merritt C..
Mechem. S. B. Davis, Jr, OF East Las
Vegas. is made a justice of the su-
preme court. He has qualified by
filing the oath of office with the sec
retary of state.
Judge Roberts is the first Justice
or chief Justice of the state supreme
court to resign. At that time resi-
dent of Ration, Judge Roberts was
appointed to the territorial bench by
President Taft in 1910 That appoint
ment meant service as presiding Judge
of the district court and as an as
sociate Justice of the supreme court
And in territorial days. each presid-
ing Judge of a district conducted al
so the spring and fall terms OF the
federal court There was no sep
arate federal district Judge until at
ter the territory became a state.
OF the period of nearly 10 years
that Judge Roberts spent upon the
state supreme bench, he served nearly
six years as chief justice, Drawing
the short term, following the first
state election, in 1912. he was chief
Justice until the expiration of his
term, in December, 1916. Reelected
the same year. he became chief JUS
tice again in January, 1921. If he had
not resigned, he would have remain
ed chief Justice to the end of his term,
which expires December. 1924. In
that event, Justice Reynolds would
have been chief justice in only the
past two years of his own term, l9zo
and 1926. -,
Justice Davis. the successor, will
serve by appointment until after the
general election in 1922, it being be-
vond the power of the governor to
appoint a state officer to hold be-
vond the next succeeding general ell
ection II Justice Davis desires to
remain upon the bench, it will be nec-
essary for him to be nominated and
elected newt wear. The term for
which he will then be elected will be
the unexpired term of Chief Justice
Roberts. which will end on December
81. 1924 Thus, although the term
of supreme court Justice is eigh'
years, Justice Davis will have to DC
a candidate in two campaigns, within
two years of each other, If he is to
serve more than three years.
Judge Roberts was universally re-
cognized as an exceptionally hard
worker. He specialized in the study
of irrigation laws, and, with one ex'
ception, wrote every opinion of the
Govt which touched upon irrigation
laws and rights. In that one excep'
tion, he filed dissenting opinion
Another branch OF the law that re-
ceiyed a vast deal of his attention re-
lated to corporations. He wrote ev'
ery opinion of the court that con
strued the powers and authority o.
the state corporation commission: HI
was a delegate in the constitutions
convention, in 1910. and in that cap
acity learned a great deal OF New
Mexico's organic law
One of his opinions OF great i'm
portance, and perhaps most widely
known. was in the case of Beals yer
sus Ares. which reversed some 20 o
the supreme court decisions OF tn
old territory. This decision hold
that a wife owns a half interest II
an community property. and that up
on the issue of a decree Of divorce
the wife is entitled to her half inter
est no matter what her conduct ma,
have been that led up to the div
.orce decree. This is regarded as tn
most important of all supreme cour
decisions defining the property right
OF husband and wife
Judge Roberts was appointed fo
the territorial bench from Colfa'
county. as has been said, and for
long time after coming to Santa F.
was counted citizen of Colfax. How
ever. in returning to his private prac
,ice. he has located in Santa Fe.