Legal Opinion · Concurrence

State v. Chaves de Armijo

New Mexico Supreme Court

Decided April 20, 1914No. 1519Published

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.

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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…

1Concurrence

CONCURRING OPINION.

PABIvER, J.

I have had great difficulty in agreeing with some of the propositions upon which the opinions of my associates are based. Upon first examination of the case, I was convinced that women were prohibited from holding office by reason of the condition of the statute law on the subject. My conclusion was reached as follows : — The organic act prescribed the qualification of voters and office holders at the first territorial election, and limited the same to males, thereby excluding females; it granted power to the legislature to prescribe the qualification of voters…

2Cases cited2 opinions

  1. Wilson v. NewtonMichigan Supreme Court · 1891
  2. United States v. BixbyDistrict Court, D. Indiana · 1881

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