State ex rel. Chavez v. Sargent

Citations

• 18 N.M. 627

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Tbe office of Superintendent of Insurance, created by chapter 5, Laws of 1905, which was amended by chapter 48, Laws 1909, was not abolished by section 6 of article XI of the Constitution. The latter is not self-executing except as to those powers specifically conferred upon the Corporation Commission therein. It requires legislation to carry the section into effect in regard to some of the powers therein conferred on the Corporation Commission, among which are many of the powers now exercised by the Superintendent of Insurance. The Superintendent of Insurance was continued in office hy section 9 of article XXII of the Constitution, until superseded by the Corporation Commission, and he has not been fully so superseded; by reason of the lack of legislation to carry the constitutional provision into effect. He may still exercise such functions of his office. as were not specifically transferred to the Corporation Commission.</p> <p>P. 634</p> <p>2. State ex rel. Fornoff v. Sargent, 136 Pac. 602, and State ex rel. Delgado v. Sargent, 134 Pac. 218, approved.. Sections 4 and 11 of chapter 127, Laws 1909, and chapter 40, Laws 1909, interpreted and construed, and held to repeal by necessary implication, section 12, of chapter 5, Laws 1905, in so far as the same authorizes the payment of the salary of the-Superintendent of Insurance out of the Insurance Fund upon the warrant of the Superintendent of Insurance approved by the State Auditor. The Superintendent of Insurance, after the act of 1909, was to be paid his salary out of the general salary fund of the Territory, and was so paid until December 1, 1912, when the appropriation therefor ceased.</p> <p>P. 639</p>