State Ex Rel. Lucero v. Marron

• Decision Date: 24 October 1912
• Citation: 17 N.M. 304,128 P. 485
• Parties: STATE EX REL. LUCEROv.MARRON, STATE TREASURER.
• Court: New Mexico Supreme Court

17 N.M. 304

128 P. 485

STATE EX REL. LUCERO

v.MARRON, STATE TREASURER.

Supreme Court of New Mexico.

Oct. 24, 1912.

Syllabus by the Court.

The legislative department of the state being a co-ordinate branch of the government, it is the duty of the court, in a doubtful case, to resolve the doubt in favor of the validity of the legislative enactment.

The primary object of section 16 of article 4 of the state Constitution was to protect the state treasury against legislative raids, by the prohibition of the insertion of special appropriations for new purposes, in a general appropriation bill, and also to prevent general legislation in such bill; but such constitutional provision does not preclude the insertion in the general appropriation bill of provisions for the expenditure and accounting for the money appropriated, or other provisions directly connected with the appropriation. The limitation was imposed upon the main act of the appropriation and not the matters of detail connected with such appropriation.

When an appropriation is made, there may properly be included in the same act matter germane thereto and directly connected therewith, such as provisions for the expenditure and accounting for the money appropriated, and the means and methods of raising it, whether it be by taxation, or by some other method.

Held, that it was not improper to include in a general appropriation bill authorization for the issue and sale of certificates of indebtedness, to realize money out of which to provide funds to pay such appropriations, where the Legislature had the power, under the Constitution, to provide for the issue and sale of such certificates.

The Legislature has the right to determine “necessary” appropriations for educational institutions, created and established by existing law, and to provide therefor in the general appropriation bill; such appropriations being authorized under the provisions of section 16 of article 4, which permits the inclusion of “expenses required by existing law.”

The word “required,” as used in the Constitution, means “to have need or necessity for.”

The word “necessary” or “required,” as used in connection with expenses, does not mean those expenses which are absolutely indispensable and without which government could not be maintained, but it imports no more than that one thing is convenient or essential to another, and the choice of what may be so convenient, useful, or essential is necessarily left to the Legislature and cannot be reviewed by the courts.

Held, that appropriations for the erection of additional buildings for state institutions, theretofore established and created by existing law, could properly be included in the general appropriation bill.

Section 7 of article 9 of the Constitution authorizes the issuance and sale of certificates of indebtedness to meet casual deficits or failure in revenue of the territory of New Mexico; as all debts, liabilities, etc., of the territory were assumed by the state.

Section 7 of article 9 does not limit the power of the Legislature to borrow money for expenses “heretofore incurred”; but the Legislature has the power to borrow money for “necessary expenses,” and it must be the sole judge of the necessity.

Original proceeding in mandamus by the State, on the relation of Antonio Lucero, against O. N. Marron, State Treasurer. Writ granted.

Appropriations for the erection of additional buildings for state institutions, theretofore established by existing law, could be included in the general appropriation bill.

This is an original proceeding in mandamus, instituted in this court, by virtue of the jurisdiction conferred upon this court by section 3 of article 6 of the Constitution, which invests this court with original jurisdiction in quo warranto and mandamus against all state officers, etc. The information alleges that the relator is, and has been since the institution of the state government, the Secretary of State; that his salary is fixed by the Constitution of the state; that the Legislature of the state, at its first session, passed an act making appropriations for the expenses of the state government, which became law on the 14th day of June, 1912 (Laws 1912, c. 83); and that by section 22 of said act there were appropriated various sums of money for the payment of the deficiencies in the revenue of the sixty-first, sixty-second, and sixty-third fiscal years of the territory of New Mexico, and among such appropriations there was appropriated the sum of $2,625 for the salary of relator from the time of the organization of the state government to the end of the current fiscal year, which was the sixty-third fiscal year above mentioned. The information then sets out the appropriations made by the next succeeding section of said act for certain educational institutions, and recites that, for the purposes of providing funds for the payment of the appropriations made by said sections 22 and 23, it was enacted that there should be issued certificates of indebtedness of the state of New Mexico. The form, amount, and rate of interest of said certificates are set forth, and other facts not necessary to be shown here. The relator then alleges that the respondent is the State Treasurer, that he has failed and neglected to execute the certificates and issue them, as required by the act, and prays for the issuance of a writ of mandamus, commanding and directing said treasurer to execute, sign, and issue said certificates of indebtedness to the amount of $200,000; that being the amount alleged to be necessary, under the provisions of said act.

The respondent voluntarily appeared and filed an answer, wherein he admitted the truth of all the allegations of fact contained in the information and set forth the following reasons for his failure to comply with the act, viz.: “(1) The provision and direction contained in section 24 of the general appropriation bill, which became a law on June 14, 1912, for the issuance of certificates of indebtedness, is invalid because the Constitution of the state provides that general appropriation bills shall embrace nothing but the appropriations for the expenses of the executive, legislative, and judiciary departments, interest, sinking fund, payments on the public debt, public schools, and other expenses required by existing laws. (2) The appropriations contained in section 23 of said general appropriation bill, for the purpose of paying for the construction of buildings at three of the state educational institutions, are not such appropriations as can be included in a general appropriation bill, as in the last preceding paragraph specified. (3) The only authority for the issuance of said certificates is to be found in section 7 of article 9 of the Constitution of the state, which provides that the state may borrow money not exceeding $200,000 in the aggregate to meet casual deficits or failure in revenue or for necessary expenses, and this only refers to the revenue and expenses of the state of New Mexico, while the appropriations made in sections 22 and 23 of said general appropriation bill are in part to meet deficits or failure in revenue and for necessary expenses of the territory of New Mexico. (4) Many of the items embraced in said section 22 of said general appropriation bill are for salaries and expenses during the current fiscal year which ends on November 30, 1912, and, as these expenses are not yet wholly incurred, they are not of such a nature as can be provided for by borrowing money under the authority of said section 7 of article 9 of the Constitution. (5) The payment for the rebuilding of Lea Hall, an academic school building situated on the grounds of the New Mexico Military Institute, which is provided for in said section 23 of said general appropriation bill, is not a necessary expense within the meaning of said section 7 of article 9 of the Constitution, nor is it an expense required by existing laws as provided in section 16 of article 4 of the Constitution, concerning what may be included in general appropriation bills. (6) The construction of a fireproof building in place of the old administration building destroyed by fire, to be expended under the direction of the regents of the New Mexico College of Agriculture and Mechanic Arts, which is provided for in said section 23, is not a necessary expense within the meaning of said section 7 of article 9 of the Constitution, nor is it an expense required by existing laws as provided for in section 16 of article 4 of the Constitution, concerning what may be included in general appropriation bills. (7) The construction of a dormitory for the Institute of the Blind at Alamogordo, which is provided for in said section 23, is not a necessary expense within the meaning of the said section 7 of article 9 of the Constitution, nor is it an expense required by existing laws, as provided in section 16 of article 4 of the Constitution, concerning what may be included in general appropriation bills. (8) The necessary expenses intended by section 7 of article 9 of the Constitution are the ordinary current expenses of the state, such as salaries, supplies, etc., and do not include such matters as the construction of buildings for the use of said institutions.”

The able Attorney General prepared and filed the answer for the respondent; but in his brief filed in the cause, after asking careful consideration of the reasons set forth by the respondent for his failure to issue the certificates of indebtedness, he presents his views of the case, which are entirely adverse to the contentions set forth in the answer. It should be further stated by the court that the State Treasurer is not opposed to the issuance and sale of the certificates mentioned, but has failed to issue them because of objections raised to their validity, and he deemed it advisable to have the question of their legality determined in advance of sale. No brief,...