The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1922-05-17
S|MMS FAILS TO
REMOVE COUNTY
ROAD OFFICIAL
Fight Rages in County
Board Today, But
Nothing Is Done

=
l. Severe Sanchez responsible
! FOR the appointments made hy the
board OF county commissioners
This question was the storm
center IN the fight which was
whged over Chairman A. @ simms
attempt TO remove Gabriel sanchez
from the -uperintcudcncy OF the
road department al the meeting OF
the county board this morning.
simms moved that Gabriel Sanchez
u" asked for HE resignation, but
the motion was lost Tor want of
a second.
A. the outset OF the denate. i
Simmr read a letter from the dis
irict attorney, which follows:
Mr Albert q, simm-,
Chairman County Commissioners
Aihuqucrque, \. n.
Dear Sir.
In reply to your letter of the
18th Of this month wherein YOU
ask my otininn concerning Inc
construction of chapter 90 of the
law OF 1919. ! desire 10 SAY
section l OF said act provides
that no person holdisF state.
county. or municipal office having
the power OF appointing an assis-
iani. deputy, subordinate official,
or empioyoe. shall appoint more
than one relative within the third
degree Of consangulnity OF nffn-
ity, as such official. deputy. or sub ]
ordinate official or employee.
As understand this act. Mr
Severe Sanchez county cominis-
sionor. does uot violate the act hy
voting the appointment of his
a. HNF "a al
cIlutcndcnt. but ne does violate .
the act when he appoints his son
Adrian TO an Office In other .
words, u appears TO me from 4
reading the act that d; ia proper .
Tor county official who has the .
hppnintiNc power To appoint one .
relative within the third degree OF .
consanguinuiiy or affinity. but Il .
u unlawful 20 appoint more than .
one. and NJ. Severe Sancncz vio-
lates the act whe he attempts to
appoint more than one such rela-
tive % hold an office undT his
appointment,
In connection with the appoint- 4
ments made BY Mr.. Gabriel SAN /
chez a. road superintendcnt. II
would appear that he ukewis. has /
the privilege u appointing one re-
latipe 10 serve as his employee but
not more than one. on the other
hand In as much A. the act has
NOT been construed hy the courts.
u lA Iuite possible that the courts
ulght consiruo the law TO mean
that not more than one relative
within the degree mentioned by
the law might serve by appoint
m"nl ANA IN the concrete cnsr
cited by you, u T. quite possible
thet the courts might hold tnat ia
as much as Gabriel sanchez q an
appolntte OF his brother, that it
would be a mere circumvcniiun ~
IA" law TO permit him in turn to
appoint another relative 10 serve
under MN. In faci, u seems to mc
thht TINS ihtter construction % the
law u ihe more logical one AMI
While have not looked up any
authorities cNhhu-tiNcly In the
matter believe that the county
road superintendent being
brother ~ the man who appoints
him should not appoint another
relative 60 serve under him.
very trniy yocrs.
District Attorney
siinn,- Recommended Men
In raply 10 this letter s,vero
sanchos stated that sine. slmms
was the one who had recommend
ed both Gabriel Sanchez nnd
Adrian sanchez. who ia an lnsp.r-
tor In the county health deparf-
ment. he did not think h rlrhi
that he should shoulder IN. entire
blame FOR the appointments
Simms Acknowledged that he had
made the recommendation 10 The
board thai these men be appoint
ed. Max Gutierrez then remind
cd the board that al the time ths
appuintmenfs were made In Han
uary. he had opposed them. hut
that Sanchez and simuis hnd voted
over his opposition.
Il don't see why when you fnv-
ored tho appointment 81 these
men when they wers apaoanted
you nnw turn against them. and
try to fix tho rrspnnsihiiity on sev.
Gro sanchez" Gutierrez stated
In reply 20 this slmms said "u
Ia bcrauss MIR. Snnrne. aud | have
falirn out thar am now opposed
20 him. / want TO get a new
INTO The road a.
pRrtfnont n I can. Since Qabricl
sanchez was Illegally appointed
move that ho be asked for mis- re-