State ex rel. Lucero v. Marron

Citations

• 17 N.M. 304
• 128 P. 485

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Tbe legislative department of the state, being a coordinate branch of the government, it is the duty of the court, in a doubtful case, to resolve the doubt in favor of the validity of the legislative enactment.</p> <p>2. The primary object of sec. 16 of article IV of th.e state constitution was to protect the state treasury against legislative raids, by the prohibition of the insertion of special appropriations for new .purposes, in a general appropriation bill, and also to prevent general legislation in such bill, but such constitutional provision does not preclude the insertion .in the general appropriation bill of provisions for the expenditure and accounting for the money appropriated, or other provisions directly connected with the appropriation. The limitation was imposed upon the main act of the appropriation and not the matters of detail connected with such appropriation. ,</p> <p>3. When an appropriation is made, there may properly 'be included in the same act, matter germane thereto and directly connected therewith, such as provisions for the expenditure and accounting for the money appropriated, and the means and methods of raising it, whether it be by taxation, or by some other method.</p> <p>4.. Held: That it was not improper to include in a general appropriation bill, authorization for the issue and sale of certificates of indebtedness, to realize money out of which to provide funds to pay such appropriations, where the legislature had the power, under the constitution to provide for the issue and sale of such certificates.</p> <p>• 5. The legislature has the right to. determine “necessary” appropriations for educational institutions; created and established by existing law, and to provide therefor in the general appropriation bill. Such appropriations being authorized under the provisions of sec. 16 of article IV, which permits the inclusion of “expenses required by existing law.”</p> <p>6. The word “required,” as