Codlin v. Kohlhousen

Citations

• 9 N.M. 565
• 9 Gild. 565

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Statutory Construction — Special Legislation — Chaps. 6, 33, Session Laws 1897 — Validity—Mandamus.—1. Whenever an act of the legislature can be so construed and applied as to avoid a conflict with the laws of eongress and give it the force of law, such construction should be adopted by the court.</p> <p>2. It is not necessary that the law should operate upon all counties and cities of the territory to be constitutional. If the law is general and uniform throughout the territory, operating upon all of a certain necessary or reasonable class, or upon all who are brought within the relations and circumstances provided in the act and such law has provision for future as well as present operation, it is not obnoxious to the limitations against special and local legislation of the act of congress, known as the Springer Act.</p> <p>3. Chapters 6 and 33, Session Laws of 1897, are not local or special legislation within the meaning of the act of eongress approved July 30, 1886, chapter 818, 24 statute 170, and mandamus lies to compel a board of county commissioners to perform a duty required by chapters 6 and 33.</p>