Catron v. Marron

Citations

• 19 N.M. 200
• 142 P. 380

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chapter 58, Laws of 1912, examined and held not to be violative of Section 29 of Article IV, and Section 8 of Article IX, of the Constitution.</p> <p>P. 207</p> <p>2. Where a public officer or body is clothed with power in permissive form to perform an act in which the interests of the public are concerned, the permissive language used will be construed as mandatory.</p> <p>P. 205</p> <p>3. An act which authorizes the contracting of a' debt by the State and which appropriates the money to pay interest and provide a sinking fund to pay the same out of a fund which is required to be raised by an annual tax is valid, notwithstanding the fund is to be raised under an act other than the one which authorizes the debt, and is a substantial compliance with the requirements of Section 8 of Article IX of the Constitution.</p> <p>' P. 209</p> <p>4. The State Treasurer is not required to exact interest from banks in which he may, of his own volition, deposit the public moneys of the State. But when such moneys are so deposited and do earn interest, the interest is the property of the State, and the State Treasurer has no power to contract to award any portion thereof to any person whomsoever.</p> <p>P. 210</p>