State v. Chaves de Armijo
New Mexico Supreme Court
Appeal from the District Court of Santa Fe County; Edmund C. Abbott, District Judge; Laws of Territory, not inconsistent with the Constitution, shall remain in force. Const. N. M., art. XXII, sec. 4; Id., sec. 9. Women may hold the office of notary public and such other appointive offices as may be provided by law. Const.
Read the full summary
Appeal from the District Court of Santa Fe County; Edmund C. Abbott, District Judge; Laws of Territory, not inconsistent with the Constitution, shall remain in force. Const. N. M., art. XXII, sec. 4; Id., sec. 9. Women may hold the office of notary public and such other appointive offices as may be provided by law. Const. (N. M.), art. XX, sec. 77. In all the courts of this Territory, the common law as recognized in the Dnited States of America, shall be the rule of practice and decision. C. L. 1897, sec. 2871; Browning v. Browning, 3 N. M. 671; sec. 1823, C. L. 1884. Eight of women to hold…
1Dissent
DISSENTING OPINION.
HANNA, J.
I find I cannot concur in the majority opinion of the Court in its conclusion that under the common law a woman was eligible to hold a purely ministerial office, if she was capable of performing the duties thereof and was not called upon to exercise judgment and discretion.
My reasons therefor are: First, that the right to hold office under our political system is not a natural right, but exists only because and by virtue of some law expressly or impliedly creating or conferring it. Mechem on Public Officers, sec. 64. And it has been held that women, although…
2Cases cited13 opinions
- Minor v. HappersettSupreme Court of the United States · 1875
- Robinson's CaseMassachusetts Supreme Judicial Court · 1881
- Citizens' Street Railroad v. WilloebyIndiana Supreme Court · 1893
- Wright v. NoellSupreme Court of Kansas · 1876
- State ex rel. Crosby v. ConesNebraska Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.