Territory ex rel. Curran v. Gutierrez
New Mexico Supreme Court
Appeal from tbe district court of Bernalillo county, before B. S. Baker, Associate Justice. Tbe statute appointing tbe defendants to office is not a rightful exercise of legislative authority..
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Appeal from tbe district court of Bernalillo county, before B. S. Baker, Associate Justice. Tbe statute appointing tbe defendants to office is not a rightful exercise of legislative authority.. Calder v. Bull, 3 Dali. 388, et seq.; Cooley’s Constitutional Limitations (7 Ed.), 242-3; People v. Hurlbut, 24 Mich. 44; Nebraska v. Moores, 41 L. R. A. 627, and same case pp. 729-730; People v. Detroit, 28 Mich. 228; State v. Denney (Ind.), 21 N. E. 274, 282; Evansville v. State, 21 N. E. 267; Sutherland on Statutory Construction, secs. 67-70; Mechem on Pub. Officers, secs. 106-7, 123; Note in 48 L.…
1ConcurrencePope, J.
(concurring). — I concur in the judgment of reversal upon the ground that the acts of the Legislature set up in the return are void under the provisions of the Springer Act prohibiting special legislation regulating county affairs. Any presumption, in favor of the legislative action, that the act in question was necessarily incidental to the creation of the new county of Sandoval and thus by the act of Congress of July 19, 1888, excepted from the operation of'the Springer Act, is in my judgment sufficiently disposed of by the following facts:
The act creating the county of Sandoval did not…
2Cases cited6 opinions
- People ex rel. Waterman v. FreemanCalifornia Supreme Court · 1889
- Morrison v. BachertSupreme Court of Pennsylvania · 1886
- Jackson v. Board of SupervisorsNebraska Supreme Court · 1892
- State v. DennisonNebraska Supreme Court · 1900
- State ex rel. Neeves v. Wood CountyWisconsin Supreme Court · 1888
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