N.M. Const. art. IV, § 37
It shall not be lawful for a member of the legislature to use a pass, or to purchase or receive transportation over any railroad upon terms not open to the general public; and the violation of this section shall work a forfeiture of the office.
Cross references. — For prohibition against use of railroad passes by public officers, see N.M. Const., art. XX, § 14.
Purpose. — This provision was adopted for the primary purpose of eliminating graft upon the part of members of the legislature and to relieve said members of any feeling of obligation toward a railroad company by virtue of possession of a free pass. 1933 Op. Att'y Gen. No. 33-603.
Use of railroad passes prohibited. — There is no legislation against accepting free passes on railroads, but under this section and N.M. Const., art. XX, § 14, members of the legislature, of the state board of equalization, of the corporation commission (now public regulation commission), judges of the supreme or district courts, district attorney, county commissioner and county auditor assessor are prohibited from accepting and using passes. 1912 Op. Att'y Gen. No. 12-877.
Grant or receipt of free passes by motor carrier unlawful. — No carrier is required to transport any state employee or other person free of charge whether traveling on official business or not, and it is unlawful for a motor carrier which is regulated by the state to grant passes to any such person or for such person to accept them. 1937 Op. Att'y Gen. No. 37-1761.
Prohibition inapplicable to railroad employees. — The prohibition does not apply to bona fide employees of the railroad companies or their wives, if they become legislators. 1939 Op. Att'y Gen. No. 39-3098.
The acceptance of a pass from a railroad company by a member of the legislature who is also regularly employed by such company would not be within the contemplation of this provision of the constitution. 1937 Op. Att'y Gen. No. 37-1545.
A railroad employee who becomes a member of the legislature does not come within the purview of this law prohibiting free passes. 1933 Op. Att'y Gen. No. 33-603.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Evidence of right to free transportation on public conveyance, 3 A.L.R. 387.
Carriers, free passes to public officials or employees, 8 A.L.R. 682.