State v. Marron
New Mexico Supreme Court
ORIGINAL IN THE .SUPREME COURT. MANDAMUS. DENIED. Brief of Respondent resisting application for peremptorv mandamus. If the investment of school monies by the State Treasurer requires the exercise oí any discretion or judgment on the part of the respondent mandamus will not lie. Goodrich v. Guthrie, 58 U. S. 284; U. S. v. Seaman, 58 TT.
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ORIGINAL IN THE .SUPREME COURT. MANDAMUS. DENIED. Brief of Respondent resisting application for peremptorv mandamus. If the investment of school monies by the State Treasurer requires the exercise oí any discretion or judgment on the part of the respondent mandamus will not lie. Goodrich v. Guthrie, 58 U. S. 284; U. S. v. Seaman, 58 TT. S. 225; Regents, etc., v. Vaughn, 12 N. M. 333; United States v. Black, 128 U. S. 40. Duty was upon the State Treasurer to seek safe interest-bearing securities in which to invest the school funds. 'The power of the Governor, Secretary of State, and Attorney…
1Concurrence
CONCURRING OPINION.
ROBERTS, C. J. —
I do not believe that any duty rests upon the Governor, Secretary of State and Attorney General to seek out the mode or avenue of investment of the school fund. It was never the intention to place upon these officials this duty. Their power, as stated by Justice Parker, is simply a veto power. This being true, the power cannot be exercised in advance of its lawful re■quirement. It might be argued with as much consistency, that the governor of a state could say in advance of the legislature that he vetoed a pending bill, prior to its passage by that body.
The…
2Cases cited2 opinions
- United States Ex Rel. Goodrich v. GuthrieSupreme Court of the United States · 1855
- Old Colony Trust Co. v. City of AtlantaU.S. Circuit Court for the Northern District of Georgia · 1897