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SECTION 1. The executive department shall consist of a governor, liet tenant-governor, secretary of state, state auditor, state treasurer, attorney general, superintendent of public instruction and commissioner or [of] public lands, who shall be elected for the term of two years beginning on the first day of January next after their election.
Such officers shall, after having served two consecutive terms, be ineligible to hold any state office for two years thereafter.
The officers of the executive department except the lieutenant-governor, shail during their terms of office, reside and keep the public records, books, papers and seals of office at the seat of government.1
SEC. 2. The returns of every election for State officers shall be sealed up and transmitted to the secretary of state, who, with the governor and chief justice, shall constitute the State canvassing board, which shall canvass and declare the result of the election. The person having the highest number of votes for any office, as shown by said returns, shall declared elected. If two or more have an equal and the highest number of votes for the same office, one of them shall be chosen therefor by the legislature on joint ballot.
SEC. 3. No person shall be eligible to any office specified in section one hereof unless he be a citizen of the United States, at least thirty years age, nor unless he shall have resided continuously in New Mexico for five years next preceding his election; nor to the office of attorney general unless he le licensed attorney of the supreme court of New Mexico in good standing; *} to the office of superintendent of public instruction unless he be a trained at experienced educator.
SEC. 4. The supreme executive power of the State shall be vested in governor, who shall take care that the laws be faithfully executed. He sta be commander in chief of the military forces of the State, except when the are called into the service of the United States. He shall have power to ca out the militia to preserve the public peace, execute the laws, suppress insurre tion, and repel invasion.
SEC. 5. The governor shall nominate, and, by and with the consent of the senate, appoint all officers whose appointment or election is not otherwise pri vided for, and may remove any officer appointed by him for incompetenc neglect of duty, or malfeasance in office. Should a vacancy occur in any Stat office, except lieutenant governor and member of the legislature, the govern shall fill such office by appointment, and such appointee shall hold office unti the next general election, when his successor shall be chosen for the unexpire term.
SEC. 6. Subject to such regulations as may be prescribed by law, tis governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment.
SEC. 7. In case of a vacancy in the office of governor, the lieutena governor shall succeed to that office and to all the powers, duties, and enou ments thereof. In case the governor is absent from the State, or is for reason unable to perform his duties, the lieutenant governor shall act as go ernor, with all the powers, duties, and emoluments of that office, until spe disability be removed. In case there is no lieutenant governor, or in es he is for any reason unable to perform the duties of governor, then the secr tary of state, or in case there is no secretary of state, or he is for any rease
1 Amendment proposed by the legislature of 1913 and ratified at the election. November 3, 1914. The text of the original section is as follows:
Section 1. The executive department shall consist of a governor, lieutenant ernor, secretary of state, State auditor, State treasurer, attorney general, superinten ent of public instruction, and commissioner of public lands, who shall be elected for t term of four years beginning on the first day of January next after their election.
Such officers, except the commissioner of public lands and superintendent of pub instruction, shall be ineligible to succeed themselves after serving one full term. I. officers of the executive department, except the lieutenant governor, shall, during th.. terms of office, reside and keep the public records, books, papers and seals of offic the seat of government.
rform the duties of governor, then the president pro tempore of hall succeed to the office of governor or act as governor as hereinled.
The lieutenant governor shall be president of the senate, but shall en the senate is equally divided.
Each officer of the executive department and of the public instihe State shall keep an account of all moneys received by him and s thereof to the governor under oath, annually, and at such other governor may require, and shall, at least thirty days preceding session of the legislature, make a full and complete report to who shall transmit the same to the legislature.
There shall be a State seal, which shall be called the "Great Seal of New Mexico," and shall be kept by the secretary of state. All commissions, shall issue in the name of the State, be signed nor and attested by the secretary of state, who shall affix the State
The annual compensation to be paid to the officers mentioned in of this article shall be as follows: Governor, five thousand dollars; state, three thousand dollars; State auditor, three thousand dolreasurer, three thousand dollars; attorney general, four thousand rintendent of public instruction, three thousand dollars; and compublic lands, three thousand dollars, which compensation shall be respective officers in equal quarterly payments,
enant governor shall receive ten dollars per diem while acting as icer of the senate, and mileage at the same rate as a State
pensation herein fixed shall be full payment for all services rend officers, and they shall receive no other fees or compensation
pensation of any of said officers may be increased or decreased by expiration of ten years from the date of the admission of New State.
All district, county, precinct, and municipal officers shall be the political subdivisions for which they are elected or appointed.
The judicial power of the State shall be vested in the senate as a court of impeachment, a supreme court, district courts, ts, justices of the peace, and such courts inferior to the district y be established by law from time to time in any county or muthe State, including juvenile courts.
The appellate jurisdiction of the supreme court shall be coextenState and shall extend to all final judgments and decisions of the s. and said court shall have such appellate jurisdiction of interrs and decisions of the district courts as may be conferred by
The supreme court shall have original jurisdiction in quo warranto us against all State officers, boards, and commissions, and shall intending control over all inferior courts; it shall also have power s of mandamus, error, prohibition, habeas corpus, certiorari, in
all other writs necessary or proper for the complete exercise jction, and to hear and determine the same. Such writs may be rection of the court, or by any justice thereof. Each justice shall o issue writs of habeas corpus upon petition by or on behalf of a in actual custody, and to make such writs returnable before himthe supreme court, or before any of the district courts or any
The supreme court of the State shall consist of three justices, who
shall be elected at the general election for Representatives in Congress for a terni of eight years.
At the first election for State officers after the adoption of this constitution, there shall be elected three justices of the supreme court, who shall immediately qualify and classify themselves by lot, so that one of them shall hold office until four years, one until six years, and one until eight years, from and after the first day of January, nineteen hundred and thirteen. A certificate of such classification shall be filed in the office of the secretary of state. Unti otherwise provided by law, the justice who has the shortest term to serve shall be the chief justice and shall preside at all the sessions of the court; and in his absence the justice who has the next shortest term to serve shall preside; but no justice appointed or elected to fill a vacancy shall be chief justice,
SEC. 5. A majority of the justices of the supreme court shall be necessary to constitute a quorum for the transaction of business, and a majority of the justices must concur in anty judgment of the court.
SEC. 6. When a justice of the supreme court shall be interested in any case, or be absent, or incapacitated, the remaining justices of the court may in their discretion, call in any district judge of the State to act as a justice of the court. "
SEC. 7. The supreme court shall hold one term each year, commencing on the second Wednesday in January, and shall be at all times in session at the seat of government; provided that the court may, from time to time, take such recess as in its judgment may be proper.
SEC. 8. No person shall be qualified to hold the office of justice of the supreme court unless he be at least thirty years old, learned in the law, and shall have been in the actual practice of law and resided in this State or the Territory of New Mexico, for at least three years. Any person whose time of service upon the bench of any district court of this State or the Territory of New Mexico, added to the time he may have practiced law, as aforesaid, shall be equal to three years, shall be qualified without having practiced for the full three years.'
SEC. 9. The supreme court may appoint and remove at pleasure its re porter, bailiff, clerk, and such other officers and assistants as may be prescribed by law.
SEC. 10. After the publication of the census of the United States in the year nineteen hundred and twenty, the legislature shall have power to increase + the number of justices of the supreme court to five; Provided, however, Tha no more than two of said justices shall be elected at one time, except to fill a vacancy.
SEC. 11. The justices of the supreme court shall each receive an aunt salary of six thousand dollars, payable quarterly.
SEC. 12. The State shall be divided into eight judicial districts and a judge shall be chosen for each district by the qualified electors thereof at the election for Representatives in Congress. The terms of office of the district judges shall be six years.
SEC. 13. The district court shall have original jurisdiction in all matter and causes not excepted in this constitution, and such jurisdiction of specia cases and proceedings as may be conferred by law, and appellate jurisdiction of all cases originating in inferior courts and tribunals in their respective districts, and supervisory control over the same. The district courts, or aty judge thereof, shall have power to issue writs of habeas corpus, mandamus injunction, quo warranto, certiorari, prohibition, and all other writs, remedia or otherwise, in the exercise of their jurisdiction: Provided, That no such writ shall issue directed to judges or courts of equal or superior jurisdiction. Th« district courts shall also have the power of naturalization in accordance with the laws of the United States. Until otherwise provided by law, at least tw terins of the district court shall be held annually in each county at the county seat.
SEC. 14. The qualifications of the district judges shall be the same as thos
f the supreme court. e was elected.
Each district judge shall reside in the district
Any district judge may hold district court in any county at the he judge of such district.. er the public business may require, the chief justice of the supreme designate any district judge of the State to hold court in any two or more district judges may sit in any district or county t the same time. If auy judge shall be disqualified from hearing u the district, the parties to such cause, or their attorneys of select some member of the bar to hear aud determine said cause, udge pro tempore therein, “
The legislature may increase the number, of district judges in district, and they shall be elected as other district judges. At sion after the publication of the census of the United States in neteen hundred and twenty, and at the first session after each es census thereafter, the legislature may re-arrange the districts , increase the number thereof, and make provision for a district y additional district.
Each judge of the district court shall receive an annual salary sand five hundred dollars, payable quarterly by the State.
No judge of any court nor justice of the peace shall, except by ll parties, sit in the trial of any cause in which either of the be related to him by affinity or consanguinity within the degree in, or in which he was counsel, or in the trial of which he preinferior court, or in which he has an, interest.
No judge of the supreme or district courts shall be nominated any other than a judicial office in this State.
All writs and processes shall issue, and all prosecution shall be the name of "The State of New Mexico."
Justices of the supreme court in the State, district judges in their stricts and justices of the peace in their respective counties, shall` ors of the peace. District judges and justices of the peace may hary examinations in eriminal cases,
Until otherwise provided by law, a county clerk shall be elected in who shall, in the county for which he is elected, perform all the performed by the clerks of the district courts and clerks of the
A probate court is hereby established for each county, which ourt of record, and, until otherwise provided by law, shall have risdiction as is now exercised by the probate courts of the Terri
Mexico. The legislature shall have power from time to time on the probate court in any county, in this State, general civil coextensive with the county: provided, however, that such court ve jurisdiction in civil causes in which the matter in controversy in value one thousand dollars, exclusive of interest;, nor in any alicious prosecution, divorce and alimony, slander and libel; nor in gainst officers for misconduct in office; nor in any action for the ormance of contracts for the sale of real estate; nor in any action session of land; nor in any matter wherein the title or bound may be in dispute or drawn in question: nor to grant writs of abeas corpus or extraordinary writs. Jurisdiction may be conthe judges of said court to act as examining and committing magisminal cases, and upon said courts for the trial of, misdemeanors in mishment cannot be imprisonment in the penitentiary, or in which not be in excess of one thousand dollars. A jury for the trial of hall consist of six men.
il or criminal case pending in the probate court, in which the pros disqualified, shall be transferred to the district court of the same rial.
There shall be a district attorney for each judicial district, who
shall be learned in the law, and who shall have been a resident of New Mexico for three years next prior to his election, shall be the law officer of the State and of the counties within his district, shall be elected for a term of four years, and shall perform such duties and receive such salary as may be prescribed by law.
The legislature shall have the power to provide for the election of addi tional district attorneys in any judicial district and to designate the counties therein for which the district attorneys shall serve; but no district attorney shall be elected for any district of which he is not a resident.
SEC. 25. The State shall be divided into eight judicial districts, as follows: First district: The counties of Santa Fe, Rio Arriba, and San Juan; Second district: The counties of Bernalillo, McKinley, and Sandoval; Third district: The counties of Dona Ana, Otero, Lincoln, and Torrance: Fourth district: The counties of San Miguel, Mora, and Guadalupe; Fifth district: The counties of Eddy, Chaves, Roosevelt, and Curry; Sixth district: The counties of Grant and Luna;
Seventh district: The counties of Socorro, Valencia, and Sierra;
In case of the creation of new counties the legislature shall have power to attach them to any contiguous district for judicial purposes.
SEC. 26. Justices of the peace, police magistrates, and constables shall te elected in and for such precincts or districts as are or may be provided by law. Such justices and police magistrates shall not have jurisdiction in ay matter in which the title to real estate or the boundaries of land may be t dispute or drawn in question or in which the debt or sum claimed shall be excess of two hundred dollars exclusive of interest.
SEC. 27. Appeals shall be allowed in all cases from the final judgments and decisions of the probate courts and justices of the peace to the district courts, and in all such appeals trial shall be had de novo unless otherwise provided by law.
SECTION 1. Every male citizen of the United States, who is over the age of twenty-one years, and has resided in New Mexico twelve months, in the county ninety days, and in the precinct in. which he offers to vote thirty days. next preceding the election, except idiots, insane persons, persons convicted of a felonious or infamous crime, unless restored to political rights, and Indians not taxed, shall be qualified to vote at all elections for public officers. Al school élections shall be held at different times from other elections. Womes possessing the qualifications prescribed in this section for male electors sha be qualified electors at all such school elections: Provided, That if a majority of the qualified voters of any school district shall, not less than thirty days before any school election, present a petition to the board of county comm sioners against women suffrage in such district, the provisions of this secti relating to women suffrage shall be suspended therein, and such provision sha become again operative only upon the filing with said board of a petition signe by a majority of the qualified voters favoring the restoration thereof. The board of county commissioners shall certify the suspension or restoration of such suffrage to the proper school district.
The legislature shall have the power to require the registration of the qualified electors as a requisite for voting, and shall regulate the manner, tie and places of voting. The legislature shall enact such laws as will secure the secrecy of the ballot, the purity of elections, and guard against the abuse elective franchise. Not more than two members of the board of registrati. and not more than two judges of election shall belong to the same politar party at the time of their appointment.
SEC. 2. Every male citizen of the United States who is a legal reside of the State and is a qualified elector therein shall be qualified to hold st public office in the State, except as otherwise provided in this constitution