Earnest v. Sargent

Citations

• 20 N.M. 427
• 150 P. 1018

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The court will take judicial notice of the journal of the Senate, notwithstanding the fact that it is not on file in the office of the secretary of state by reason of his refusal to receive and file the same, where the chief clerk of the Senate produces the same and testifies that it is the. Senate journal and is in the same form as when he signed the same.</p> <p>P. 4301</p> <p>2. The two houses of the Legislature have the right and power to make their respective journals show that all of their business was transacted before the arrival of the moment of time for their adjournment, as fixed by the Constitution, and, at least in the, absence of a gross and flagrant violation of the constitutional restriction as to the length of the session, evidence is inadmissible to contradict the journal. ' P. 432</p> <p>3- The fact that the certificates of the presiding officers- and chief clerks of the respective houses showing the passage of a bill by a two-thirds yea and nay vote of each house, the objections of the Governor to the contrary notwithstanding, are not attached to the enrolled and engrossed bill, found on file in the office of the secretary of state, but are pinned to the original bill, also there on file, is held to be immaterial, for the reason the condition mentioned, being due to the carelessness of some clerk, either of' the Senate or in the secretary’s office, will not be allowed to defeat the legislative will, and the certificates will be held to apply and belong to the enrolled and engrossed bill, and for the reason that no such certificates are required by law to give effect to said bill; the only certificates required- by law being the certificates of passage when the bill first goes to the Governor for his approval, which certificates aré attached to the enrolled and engrossed bill in this case.</p> <p>P. 433:</p> <p>4. Where the title of an act is “An act providing for the appointment of a state traveling auditor and