14 N.M. 493 | N.M. | 1908
OPINION OP THE COURT.
Several questions of much interest and moment are before us for determination in this canse. As the case usually is with questions on which good lawyers could reasonably differ they have been decided in opposite ways by different courts of last resort, among the more than half a hundred courts of that class in this country, and we are much in the same position we. should be in if there had been no decision whatever on them, since we are not constrained by the unquestioned authority of adjudged cases to adopt, conclusions which might seem to us contrary to reason and justice.
For many purposes each term of office is separate and entire. This is especially true with respect to the obligation of sureties'. But there is no reason for so holding as to the incumbent. Being his own successor, there is no interregnum. His qualification marks the only connection between the terms. The commission of any of the prohibited acts the day before quite as particularly stamps him as an improper person to be intrusted with the performance of the duties of the particular office, as though done the day after. The fact of guilt with respect to that office warrants the conclusion that he may no longer with safety be trusted- in discharging his duties.”
The facts properly found by the verdict clearly constituted maladministration, at least, and warranted the judgment of removal by the District Court, which judgment is affirmed. And it is so ordered.