Kelley v. Marron

Citations

• 21 N.M. 239
• 153 P. 262

Syllabus

<p>SYLLABUS BY-THE COURT.</p> <p>1. The enrolled bill which has been signed by the Speaker and President of the respective houses, as required by section 20, of article 4 of the Constitution, and approved by the Governor -and deposited with the Secretary of State, as required by Constitution, § 22, art. 4, is conclusive upon the courts, as to the regularity of its enactment, since the signatures of the officers are a solemn declaration by the officers of a co-ordinate department that the bill, as enrolled, was enacted and approved.</p> <p>P. 240</p> <p>2. Each of the three departments of government is equal and co-ordinate and responsible only to the people, and the courts are not warranted in assuming that their department is the only one to which it is safe to intrust the enforcement of the provisions of the Constitution regulating the enactment of statutes. P. 242</p> <p>3. The courts will not look beyond the properly authenticated legislative act, on file in the office of the Secretary of State, certified and signed as required by the Constitution, to the journal of either house for the purpose of determining whether such act was read in full therein, after it had been enrolled and engrossed, as required by section 20, art. 4, of the Constitution. P. 242</p> <p>4. The case of Earnest v. Sargent, 150 Pac. 1018, wherein the court held that it would look to the journal to ascertain whether an act had been passed over the Governor’s veto, distinguished from the present case. P. 262</p>