Legal Opinion · Dissent

Todd v. Tierney

New Mexico Supreme Court

Decided November 4, 1933No. 3910Published

1Dissent

I agree with Mr. Chief Justice WATSON and Mr. Justice ZINN that the circumstance that the Legislature declared an emergency to exist, which made it necessary that chapter 171, Laws 1933, take immediate effect and be in full force from and after its passage and approval, does not foreclose a decision by the courts as to whether the act is within the exceptions from the reserved power of the electors of the state to disapprove the act if a proper 10 per cent. petition is timely filed demanding a vote on the question of its approval or disapproval, as guaranteed in section 1 of article 4 of our…

2Cases cited12 opinions

  1. State ex rel. Brislawn v. MeathWashington Supreme Court · 1915
  2. State Ex Rel. Westhues v. SullivanSupreme Court of Missouri · 1920
  3. Arkansas Tax Commission v. MooreSupreme Court of Arkansas · 1912
  4. State ex rel. Richards v. WhismanSouth Dakota Supreme Court · 1915
  5. State ex rel. Kemper v. CarterSupreme Court of Missouri · 1914

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