Territory ex rel. Hubbell v. Armijo
New Mexico Supreme Court
Appeal from the District Court for Bernalillo county, before Ira A. Abbott, Associate Justice. The Governor cannot be invested with the power of removal from office upon charges. This is a judicial power. Organic Act, section 10, R. S. U. S. secs. 1868-9; Ferris v. Higley, 20 Wall. 375; Spencer v. County of Sully, 33 N. W. 98; Board of Commissioners v. N. P. R. R. Co., 10 Mont. 420; Ellison v. State, 125 Ind. 496; Foster v. Kansas, 112 IT. S. 206; Taylor v. Beckham, 178 IT.
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Appeal from the District Court for Bernalillo county, before Ira A. Abbott, Associate Justice. The Governor cannot be invested with the power of removal from office upon charges. This is a judicial power. Organic Act, section 10, R. S. U. S. secs. 1868-9; Ferris v. Higley, 20 Wall. 375; Spencer v. County of Sully, 33 N. W. 98; Board of Commissioners v. N. P. R. R. Co., 10 Mont. 420; Ellison v. State, 125 Ind. 496; Foster v. Kansas, 112 IT. S. 206; Taylor v. Beckham, 178 IT. S. 548; Wilson y. North Carolina, 169 IT. S. 586; Sinking Fund-Cases, 99 IT. S. 761; Rhode Island v. Mass., 12 Peters’…
1Opinion of the Court
OPINION OF THE COtHRJT.
ABBOTT, J.
This cause and No. 1185 Territory ex rel Thomas S. Hubbell, Appellant, v. Perfecto Armijo, Appellee, involved substantially the same facts and legal questions and were heard and decided on one brief from each side, for both causes, and the opinion rendered by the. court in No. 1185, and on file in that cause, is also applicable in this case. '
The judgment of the District Court is reversed.
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