Territory ex rel. Curran v. Gutierrez

Citations

• 12 N.M. 254
• 78 P. 139

Syllabus

<p>SYLLABUS.</p> <p>1. By Laws 1903, p. 38; e. 27, section 3, in effect April 14, a new county was created from B. county, and an election ordered to be held on that day for the election of county officers of B. county; but by an amendment passed March 12, 1903, (Laws 1903, p. 80, e. 49), two persons named were appointed county commissioners of B. county. They were directed to qualify on or before April 5, 1903, and to hold a meeting not later than April 10, and appoint an assessor and a probate judge. Held, that such provision, which in effect ousted the existing officers of B. county before their terms of office expired and appointed new officers in their place, was a local and special law regulating county affairs, within the prohibition of Act Cong. July 30, 1886, c. 818, 24 Stat. 170, prohibiting territorial Legislatures from passing local and special laws regulating county and township affairs. •</p> <p>2. Laws 1901, p. 18, c. 2, section 1, provides that, whenever a vacancy in any county office shall occur by reason of death, resignation, “or otherwise,” it shall he the duty of the governor of the territory to fill such vacancy by appointment, and that the appointee shall he entitled to hold the office until his successor is elected and qualifies. Held, that the words “or otherwise” should not he construed ejusdem generis, hut rather as extending the scope of the statute to include vacancies other than such as were created bv death or resignation.</p>