State ex rel. Delgado v. Romero

Citations

• 17 N.M. 81
• 124 P. 649

Syllabus

<p>SYLLABUS (BY THE COURT.)</p> <p>1. The last clause of Section 1 of Article 10 of the Constitution of New Mexico, which reads as follows: “And no county officer shall receive to his own use any fees or emoluments other than the annual salary provided hy law, and all fees earned by any officer shall he by him collected and paid into the treasury of the county,” is self executing.</p> <p>2. The section applies to officers elected at the first election, and by its provisions they are required to collect and pay into the county treasury, all fees earned by them, and can not retain any of such fees to their own use.</p> <p>3. The Constitution should he so construed, as to give effect to the intent of the people in adopting it, hut the intent is to he found in the instrument itself.</p> <p>4. The presumption is that each department of the government will do its duty, and the fact that it might fail therein should not influence the court.</p> <p>5. There is no presumption in law that a public official is to receive a salary.</p> <p>6. Tlie compensation of a county officer, under the provisions of Sec. 1 of Article 10, is dependent upon the enactment by the legislature of a salary law, and he cannot recover for his services until such a law is passed, and then only 'as provided by such act.</p> <p>7. The mere fact that legislation might supplement and add to or prescribe a penalty for the violation of a self executing provision of a constitution, does not render such a provision ineffective in the absence of such legislation.</p> <p>8. If a constitutional provision, either directly or by implication, imposes a duty upon an officer, no legislation is necessary to require the performance of such duty.</p>