Daniels v. Watson

410 P.2d 193, 75 N.M. 661
CourtNew Mexico Supreme Court
DecidedJanuary 17, 1966
Docket7987
StatusPublished
Cited by18 cases

This text of 410 P.2d 193 (Daniels v. Watson) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniels v. Watson, 410 P.2d 193, 75 N.M. 661 (N.M. 1966).

Opinion

CARMODY, Chief Justice.

This is an appeal from the judgment of the district court, holding the Junior College Act to be constitutional and 'dismissing the complaint filed by the plaintiffs.

The “Junior College Act” was enacted by ch. 17 of the Session Laws of 1963 (§§ 73-33-1 to 73-33-20, N.M.S.A.1953), and was partially amended by ch. 16 of the first special session of the legislature in 1964. The Act states its purpose as follows:

“The purpose of the Junior College Act [73-33-1 to 73-33-20] is to provide for the creation of local junior colleges and to extend the privilege of a basic vocational, technological or higher education to all persons who are qualified to pursue the courses of study offered. Provided further, however, that it is the intent of this legislation not to call upon future legislatures for state financial help.” Sec. 73-33-3, N.M. S.A.1953 (Supp.1965).

In general, it provides for the formation of the junior college districts, for the elections concerning the formation of the districts and the selection of the members of the supervisory board, for the means for the operation of the junior colleges and provides for the issuance of bonds. In other words, it seemingly contemplated an authorization and implementation of a post-high-school educational system, separate from that which had heretofore existed in New Mexico.

The case was tried below upon the stipulation of the parties, which may be summarized as follows. The petition for the organization of the New Mexico Junior College was signed by qualified electors in a number exceeding ten per cent of the votes 'cast for governor in the 1964 general election; the area of the proposed junior college comprised four school districts of Lea County, viz., those of Tatum, Loving-ton, Hobbs and Eunice; the Board of Educational Finance conducted a survey and found that all requirements of § 73-33-4.1 had been met; an election was held and a very substantial majority of those voting voted in favor of the establishment of the junior college; the executive secretary of the State Board of Educational Finance declared the district created, and, at a subsequent meeting of a majority of the members of each of the governing boards of the four school districts, five members of the New Mexico Junior College Board were elected, all in conformity with specific provisions of the Junior College Act; thereafter it was proposed to issue three million dollars in general obligation bonds, and the State Board of Educational Finance gave its approval. An election was held on the question of the issuance of the bonds and the vote in favor of the bonds was overwhelming. No contest was filed, and it was agreed that no one was denied the right to vote in either the election creating the district or in the election authorizing the issuance of the bonds. The district is now fully organized and has employed a president and other necessary officers, in anticipation of making its facilities available in September of 1966.

The plaintiffs claim that the Junior College Act is unconstitutional in several respects, and have briefed their contentions under sixteen separate points. For clarity, we will .dispose of the arguments in the order presented.

Initially, it is urged that the Act is in violation of art. VII, § 2, because it is a superaddition of -requirements to constitutional qualifications for holding office. The statute requires that board members of a junior college district must be owners of real estate within the district. Art. VII, § 2, insofar as pertinent, is as follows:

“A. Every citizen of the United States who is a legal resident of the state and is a qualified elector therein, shall be qualified to hold any elective public office except as otherwise provided in this Constitution. * * * ”

Although we note that the present initial board is appointive rather than elective, and therefore the quoted provision of the constitution has no application at this time, nevertheless we feel that the proposition should be answered.

As we understand the argument, plaintiffs assert that junior college board members are public officers as contemplated by the constitution. Actually, the answer to this claim may be found in Davy v. McNeill, 1925, 31 N.M. 7, 240 P. 482, in which the court determined an irrigation district to he a “public corporation for a municipal purpose” as opposed to a “municipal corporation” or a municipality. We there construed the intent of the framers of the constitution respecting the meaning of the term “public officers” and said that the officers of “a public corporation for a municipal purpose” are not “public officers” within the contemplation of art. VII, § 2. As in Davey, we are here concerned with the definition of that term within the sense of the constitution. In our judgment, a junior college district is a quasi-municipal corporation comparable to the irrigation district with which Davy v. McNeill, supra, was concerned. We think the officers of junior college districts, like those of irrigation districts, are not those contemplated by the constitution. Accordingly, art. VII, § 2 does not restrict the legislature in fixing the qualifications of such board members. See also In re Proposed Middle Rio Grande Conservancy Dist., 1925, 31 N.M. 188, 242 P. 683; Campbell v. Hunt, 1917, 18 Ariz. 442, 162 P. 882; McCarthy v. State, 1940, 55 Ariz. 328, 101 P.2d 449; and Glasco v. State Election Board, 1926, 121 Okl. 119, 248 P. 642.

Plaintiffs rely on Pollack v. Montoya, 1951, 55 N.M. 390, 234 P.2d 336, and Gibbany v. Ford, 1924, 29 N.M. 621, 225 P. 577. Pollack was solely concerned with whether the Chief of Division' of Liquor Control was a state officer within the pro1 visions of the venue act requiring that suits be brought against him at the capital'. The Chief of Division of Liquor Control is clearly not an officer of a quasi-municipal corporation such as the officers of either the irrigation district with which' Davy was concerned, nor of the quasi-municipal corporation with which we are concerned in the instant case. The question in Gibbany was whether a “ward” in a municipality was a governmental subdivision for the purpose of the residence requirement for a municipal alderman within the contemplation of the constitution. It did not purport to define “public officers.” We do not consider either of these cases controlling or persuasive.

It is next argued that the Act requires board members to reside in the junior college district, in violation of ait. V, § 13, on the theory that the board members are state officers, not district officers, and therefore their residence cannot be restricted. Since, as we have said, board members are not elective public officers in the sense as used in § 2, art. VII, of the constitution, the legislature may justifiably set their qualifications. Our holding under point one precludes plaintiffs’ reliance on State ex rel. Ward v. Romero, 1912, 17 N.M. 88, 125 P. 617. We therefore hold that the residence requirement for hoard members does not violate either §§ 1 or 2 of ■•art. VII of the constitution, terest to note that the Junior College Act as originally enacted provided that the board members should be elected from ■separate districts.

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410 P.2d 193, 75 N.M. 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-watson-nm-1966.