Territory of New Mexico ex rel. Klock v. Mann
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. The congressional oonstruetion of the President’s power of removal under the constitution is not applicable to the governor’s powers in that regard under the Organic Act. Constitution, Article 3, sec. 2; Organic Act; Blake v. TT. S., 103 II. S. 227; McAllister v. U. S., 141 II. S. 174; Parsons v. U. S., 167 TJ.
Read the full summary
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. The congressional oonstruetion of the President’s power of removal under the constitution is not applicable to the governor’s powers in that regard under the Organic Act. Constitution, Article 3, sec. 2; Organic Act; Blake v. TT. S., 103 II. S. 227; McAllister v. U. S., 141 II. S. 174; Parsons v. U. S., 167 TJ. S. 324; Territory v. Armijo, 14 N. M. 205; Territory v. Ashenfelter, 4 N.. M. 93 ; Territory v. Stokes, 2 N. M. 69; Marbury v. Madison, 5 Cranch. 137; D. S. v. Guthrie, 17 How. 284; Latter…
1Opinion of the Court
OPINION OF THE COURT.
POPE, C. J.
1 The relator, Klock, was appointed and confirmed as District Attorney for the Sixth District Attorney’s District on February 18th, 1909, for the term of two years and until his successor be duly appointed and qualified. (L. 1905, C. 33, sec. 2) . On November 18th, 1910, the Governor of the Territory made an order in which, after reciting that the relator’s continuance in office “would be a detriment to the territory,” it is provided that relator’s commission as district attorney be vacated, and that he be removed from said office. An order made on the same day…
2Cases cited6 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Shurtleff v. United StatesSupreme Court of the United States · 1903
- McAllister v. United StatesSupreme Court of the United States · 1891
- Parsons v. United StatesSupreme Court of the United States · 1897
- Blake v. United StatesSupreme Court of the United States · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barrett v. DuffSupreme Court of Kansas · 1923
- Jiménez v. ReilySupreme Court of Puerto Rico · 1922
- Territory of New Mexico ex rel. Klock v. MannNew Mexico Supreme Court · 1911
- Jiménez v. ReilySupreme Court of Puerto Rico · 1922