State ex rel. Fornoff v. Sargent

Citations

• 18 N.M. 272
• 136 P. 602

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Where the Constitution of a State creates an office and prescribes the salary for such office, the necessity for legislative appropriation for such office is dispensed with on the ground that such provision in a State Constitution is proprio' vigore an appropriation.</p> <p>P. 278-</p> <p>2. This rule has been extended to a general law fixing the-salary of a public officer, and prescribing its payment at particular periods.</p> <p>P. 279'</p> <p>3. Held, That the Act of 1905 (chap. 9) creating a force of Mounted Police, fixing salaries of its members, and providing for payment' thereof, was repealed by the Act of the legislature of 1909, (chap. 127, sec. IV) insofar as it provided for salaries and membership of the force, and that, therefore, a writ of mandate directed to the State Auditor requiring him to make a levy to pay such salaries is not issuable, because the appropriation by the Act of 1905 has ceased to be a continuing appropriation, and the legislature has failed to make appropriation for the present fiscal year.</p> <p>P. 280</p> <p>4. When a statute professes to repeal absolutely a prior law, and substitutes other provisions on the same subject, which are limited only till a certain time, the prior law does not revive after the repealing statute is spent, unless the intention of the legislature to that effect be expressed.</p> <p>P. 280'</p> <p>Appeal from the District Court of Santa Fe County ;, Edmund C. Abbott, District Judge; -reversed, with instructions to dismiss.</p>