Legal Opinion

State Ex Rel. Hughes v. Cleveland

New Mexico Supreme Court

Decided September 11, 1943No. 4791PublishedCited by 16 opinions

1Opinion of the Court

SADLER, Chief Justice.

The question primarily to be determined is whether L. 1943, c. 95, imposing a tax on cigars and cigarettes, and allocating the proceeds of the levy to old age assistance through the Department of Public Welfare, is exempt from a popular referendum under Constitution Article 4, § 1, as a measure providing for the preservation of the public peace, health or safety. Secondarily, but for decision only if the act be held referable, we have the question whether petitions for referendum filed on the ninety-first day following adjournment of the Legislature, the ninetieth day…

2Cases cited43 opinions

  1. Gitlow v. New YorkSupreme Court of the United States · 1925
  2. West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
  3. Adkins v. Children's Hospital of ColumbiaSupreme Court of the United States · 1923
  4. Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
  5. Muller v. OregonSupreme Court of the United States · 1908

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3Cited by16 opinions

  1. State Ex Rel. City of Albuquerque v. LavenderNew Mexico Supreme Court · 1961
  2. Alber Ex Rel. Alber v. NolleNew Mexico Court of Appeals · 1982
  3. Wylie Bros. Contracting Co. v. Albuquerque-Bernalillo County Air Quality Control BoardNew Mexico Court of Appeals · 1969
  4. Lujan Grisham v. RomeroNew Mexico Supreme Court · 2021
  5. State Ex Rel. New Mexico Dry Cleaning Board v. CauthenNew Mexico Supreme Court · 1944

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