Thompson v. Legislative Audit Commission

OPINION

CARMODY, Justice.

In this original mandamus proceeding, the State Auditor challenges the validity of ch. 287, Sess.L.1965 (§§ 4-24-1 to 4-24-25, N.M.S.A.1953).

The New Mexico Constitution, art. V, § 1, designates the executive officers of the State, and specifically includes the “state auditor”; however, it is silent with respect to any duties of that office. Two sections of the statute point up the controversy. Sec. 4 — 24—23 provides for a transfer from the state auditor to the legislative audit commission of all equipment, supplies, records, and any other property or thing held by him…