605 P.2d 223 (N.M. 1979), 12760, State ex rel. Wood v. King

Docket Nº:12760.
Citation:605 P.2d 223, 93 N.M. 715, 1979 -NMSC- 106
Opinion Judge:[16] Per Curiam
Party Name:STATE of New Mexico, ex rel. Bob E. WOOD, Bill L. Lee, I. M. Smalley, John B. Irick, John E. Conway and Aubrey L. Dunn, Petitioners, v. Bruce KING, Governor, Shirley Hooper, Secretary of State, Jeff Bingaman, Attorney General, and Director, New Mexico Legislative Council Service, Respondents, and Theodore R. Montoya, Manny M. Aragon, Tito Chavez, E
Attorney:Mickey D. Barnett, Portales, E. Douglas Latimer, Charles C. Spann, Albuquerque, for petitioners., Jeff Bingaman, Atty. Gen., Jill Z. Cooper, Deputy Atty. Gen., Santa Fe, for respondents., Freedman, Boyd & Daniels, John W. Boyd, Joseph Goldberg, Rodey, Dickason, Sloan, Akin & Robb, William S. Dixo...
Judge Panel:EASLEY, J. (dissenting).
Case Date:December 31, 1979
Court:Supreme Court of New Mexico

Page 223

605 P.2d 223 (N.M. 1979)

93 N.M. 715, 1979 -NMSC- 106

STATE of New Mexico, ex rel. Bob E. WOOD, Bill L. Lee, I. M.

Smalley, John B. Irick, John E. Conway and Aubrey

L. Dunn, Petitioners,

v.

Bruce KING, Governor, Shirley Hooper, Secretary of State,

Jeff Bingaman, Attorney General, and Director, New

Mexico Legislative Council Service, Respondents,

and

Theodore R. Montoya, Manny M. Aragon, Tito Chavez, Edmund J.

Lang, Ronald Olguin, and Thomas T. Rutherford,

Respondents-in-Intervention.

No. 12760.

Supreme Court of New Mexico.

December 31, 1979

Rehearing Denied Jan. 18, 1980.

Page 224

[93 N.M. 716] Mickey D. Barnett, Portales, E. Douglas Latimer, Charles C. Spann, Albuquerque, for petitioners.

Jeff Bingaman, Atty. Gen., Jill Z. Cooper, Deputy Atty. Gen., Santa Fe, for respondents.

Freedman, Boyd & Daniels, John W. Boyd, Joseph Goldberg, Rodey, Dickason, Sloan, Akin & Robb, William S. Dixon, Albuquerque, Lanny D. Messersmith, Albuquerque, for intervenors.

Coors, Singer & Stratton, P.A., Harold D. Stratton, Albuquerque, for amicus curiae.

OPINION

PER CURIAM.

A petition for writ of mandamus was filed by certain members of the New Mexico State Senate and other intervenors (petitioners) directed against the Governor, Attorney General, Secretary of State, the Director of the New Mexico Legislative Council and other intervenors (respondents). The petitioners requested the Court to issue an alternative writ of mandamus commanding the respondents to: (a) Treat the attempted veto of Senate Bill No. 63 as a [93 N.M. 717]

Page 225

nullity; (b) Execute and enforce Senate Bill No. 63 as a valid law of New Mexico; (c) Forward Senate Bill No. 63 to each County Clerk of the various counties in New Mexico with instructions to file it as a valid law of New Mexico; and (d) Include Senate Bill No. 63 in the annual bound session laws in the New Mexico Statutes Annotated.

This Court granted an alternative writ and set a date for hearing on whether to make the alternative writ permanent. Excellent and informative briefs were filed by petitioners, respondents and intervenors, and the parties submitted to the Court a stipulation of facts agreed to by them, and in addition, affidavits and exhibits covering facts upon which the parties could not agree.

The stipulation of facts, affidavits and exhibits before this Court reflect the following: Senate Bill No. 63, known as the "Right to Work" bill, was passed by a majority vote of the Senate and House of Representatives of New Mexico. Except for an amendment deleting the "emergency clause" provision, the bill passed in the exact form as originally introduced. The bill was duly enrolled and engrossed.

On February 20, 1979, the ribbon copy of the enrolled and engrossed Senate Bill No. 63, with the attached signature page, together with other "Xerox" copies of the enrolled and engrossed bill, and the blue jacketed copy of the Senate Bill No. 63, were transmitted to the Governor's office to be presented to the Governor for his approval or veto. The blue jacketed copy of...

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