Crosthwait v. White
| Decision Date | 15 January 1951 |
| Docket Number | No. 5338,5338 |
| Citation | 55 N.M. 71,226 P.2d 477,1951 NMSC 3 |
| Parties | CROSTHWAIT et al. v. WHITE et al. |
| Court | New Mexico Supreme Court |
H. E. Blattman, John T. White, Las Vegas, for appellants.
H. A. Kiker, Santa Fe, Manford W. Rainwater, Tucumcari, for appellees.
Acting under the provisions of Chapter 196, 1947 Session Laws, Sec. 15-3305 to 15-3311 of the supplement to the 1941 Compilation, a majority of the qualified voters of precinct 12 and part of another in the southern part of Harding county filed a petition with the Board of County Commissioners of said county reciting the necessary facts as prescribed by section 1 of said Act, praying that an election be called to determine whether such part of said county should be annexed to the adjoining county of Quay.
The Board of Commissioners found the petition was in proper form and had been signed by the requisite number of qualified electors, and then ordered the election to be held.
The plaintiffs thereupon brought this action attacking the sufficiency of the petition and the constitutionality of Chapter 196, supra.
Sections 1 and 2 of Chapter 196, supra, read as follows:
'Whenever, because of the location and conditions of roads, or the existence or non-existence of transportation facilities, it will be more convenient for the residents of any portion of a county to travel to the county seat of some other contiguous county, and because of such location and condition of roads or the existence or non-existence of transportation facilities, it will be more convenient and economical for such other county to render governmental services to such portion of such other county, the portion of the county so affected may be annexed to such other county in the following manner:
The trial court made findings of fact to the effect that all of the conditions prescribed in section 1 were present, and that the requirements of sections 2 and 3, so far as the petitioners and the commissioners were required to act to the time of filing of this action, had been performed. Conclusions of law were stated that the act was constitutional and that judgment should go for the defendants. In due course, such judgment was entered and this appeal followed.
We will first consider the claim that the trial court erred in refusing to admit in evidence a second petition addressed to the commissioners asking that certain of the names be withdrawn from the original petition for the election.
This second petition was filed after the commissioners had acted on the original petition and ordered the election. While there is a division of authority on the subject, this court is committed to the rule that while the signers of such a petition may withdraw their names before the body to which it is addressed has acted on it, they may not do so afterwards. Territory ex rel. Stockard v. City of Roswell, 16 N.M. 340, 117 P. 846, 35 L.R.A.,N.S., 1113; In re Bernalillo County Drainage District No. 1, 25 N.M. 171, 179 P. 233. The trial court did not err in refusing to admit the exhibit.
The plaintiffs also say the trial court erred in finding that more than 50% of the qualified electors of the area involved had signed the petition. Our ruling that the petitioners could not withdraw their names after the commissioners had acted on the original petition leaves more than 51% of the electors asking for the election, and the point must be ruled against the plaintiffs.
This brings us to a consideration of the attack made against Chapter 196, supra, on the following constitutional grounds:
(a) The subject of the act is not clearly expressed in its title, as required by Art. 4, Sec. 16, of the Constitution of New Mexico.
(b) The act embraces more than one subject, in violation of the same Article and Section.
(c) The act is a local or special law changing county lines, not creating a new county, in violation of Art. 4, sec. 24, of the Constitution of New Mexico.
(d) The act is so vague, indefinite, uncertain, and incomplete that it is incapable of enforcement.
Article 4, Sec. 16, Constitution of New Mexico, provides in part: 'The subject of every bill shall be clearly expressed in its title, * * * but if any subject is embraced in any act which is not expressed in its title, only so much of the act as is not so expressed shall be void. * * *'
The title in question is as follows: 'An Act Providing for the Change of County Lines and Boundaries, and the Annexation of Portions of Counties.'
Section 3, Chapter 196, supra, provides that immediately upon the filing of a petition for an election the county commissioners shall cause a notice to be published in some newspaper of general circulation in the county affected, and that within thirty days after the publication thereof any resident of either county affected, on behalf of himself and all others similarly situated, may bring an action in the district court of the county in which the area proposed to be annexed is located, alleging that the petition has not been executed by the requisite number of signers, or that the description of the area to be annexed is not accurately described or that the conditions described in section 1 of the act do not exist. It then provides that the Judge, after hearing, shall make a determination as to whether the allegations of the petition are well taken, and if he determines them to be true he shall make an order, and if the cause be not stayed it shall be the duty of the commissioners to call an election within thirty days within the area proposed to be annexed, and to publish notice thereof, specifying the polling places. It further provides that at such election all qualified electors who reside within the area proposed to be annexed shall be entitled to vote.
Section 4 provides for the number of election officials and the form of ballot.
Section 5 provides for counting the ballots and certifying the results to the county commissioners, the canvass of the vote by such commissioners, and that if a majority of those voting shall have voted for the annexation, the area described in the petition shall be annexed to the other county as proposed.
Section 6 provides for the publication of a certified copy of their certificate of election in newspapers of general circulation in both counties, and the delivery of a copy of such certificate to the State Tax Commission and to the County Assessor of each county affected.
We quote section 7 in full:
We take the following from the plaintiffs' brief which fairly summarizes their position as to the title:
In State v. Ingalls, 18 N.M. 211, 135 P. 1177, 1178, the court gave careful consideration to an attack on a statute providing for a state license on automobiles and the disposition of the funds received for road building purposes. The title of the act there attacked read as follows: 'An Act to Provide for State License on Automobiles.' Laws 1912, c. 28. The attack on the statute was that the title embraced more than one subject and that the subject was not clearly expressed in the title. The court stated, among other things:
'First, to prevent hodgepodge or 'logrolling' legislation; second, to prevent surprise or fraud upon the Legislature by means of provisions in bills of which the titles give no intimation, and which might therefore be overlooked and carelessly and unintentionally adopted; and third, to fairly apprise the people of the subjects of legislation, in order that they may have opportunity of being heard thereon. * * *'
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