State v. Chaves de Armijo

Citations

• 18 N.M. 646
• 140 P. 1123

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. The right to hold a public office is not a natural right. It exists, where it exists at all, only because and by virtue of some law expressly or impliedly conferring it.</p> <p>P. 650</p> <p>2. The right may be conferred by act of the legislature, or exist by virtue of the common law, in those jurisdictions where the common law is in force, and no statute expressly or impliedly denies the right.</p> <p>P. 650</p> <p>3. Section 1 of chapter 134, S. L. 1909, which provides that “No person prevented by the Organic Act of the Territory of New Mexico * * * * shall be entitled to vote or hold public office in this Territory,” refers to the original act of Congress creating the Territory of New Mexico, and the only limitations thereby imposed upon.the'right to vote or hold public office are that such rights shall be exercised only by citizens of the United States, including those recognized as citizens by the treaty with the Republic of Mexico, etc.</p> <p>• P. 652</p> <p>4. The statutory law of the Territory of New Mexico neither 'expressly conferred or denied the right of women to vote or hold public office, hence we must look to the common law, if it was in force in the Territory, to ascertain and determine the right of women to vote and hold public office.</p> <p>P. 653</p> <p>5. The common law is the rule of practice and decision in New Mexico, by virtue of section 2871, R. S. 1897, except where modified by statute.</p> <p>P. 654</p> <p>6. The office of State Librarian is in ministerial office.</p> <p>P. 656</p> <p>7. Under the common law, a woman was eligible to hold a purely ministerial office, whatever might be the nature of the office, if she was capable of performing the duties thereof, and there was no incompatibility between the nature and character of the duties, of the office and their due performance by a woman, where, in so doing, she was not called upon to exercise judgment and discretion.</p> <p>P. 656</p> <p>8.Such po