Legal Opinion · Dissent

State Ex Rel. Hovey Concrete Products Co. v. Mechem

New Mexico Supreme Court

Decided August 30, 1957No. 6264Published

1DissentSadler, Justice

New Mexico stands alone in the hierarchy of states holding the legislature lacks power to create an industrial commission to hear and screen for final determination by the courts the myriad cases, increasing at an alarming rate, annually, under its workmen’s compensation act.

It is easy enough to brush off this overwhelming weight of authority by fancied distinction in the facts of supporting cases, ignoring the fundamental conclusion announced by them that there is no unlawful delegation of judicial power; or, by asserted differences in the separation of powers clause in our Constitution,…

2Cases cited32 opinions

  1. Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
  2. Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
  3. Laisne v. California State Board of OptometryCalifornia Supreme Court · 1942
  4. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
  5. State v. Mountain Timber Co.Washington Supreme Court · 1913

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