CHAPTER 111.

AN ACT REGULATING CITY GOVERNMENT.

House Bill No. 258; Approved March 17, 1919.

Be It Enacted by the Legislature of the State of New Mexico:

SECTION 1. The mayor of any incorporated city, town or village shall be the chief executive officer thereof. He shall, subject to approval of a majority of the city council, or board of aldermen, or board of trustees, as the case may be, appoint all officers except those who may be required by law to be elected by the voters of the city, town or village. The mayor shall also designate the employees of such city, town or village to perform any service which may be authorized by the city council, or board of aldermen, or board of trustees. In case of the mayor's death, disability or resignation, the city council, board of aldermen, or board of trustees, as the case may be, shall elect a mayor by a majority vote of such council, or board, to fill the vacancy for the remainder of the vacant terms, and may elect any qualified elector to act as mayor, who shall serve until his successor is regularly elected and qualified.

All vacancies occurring by death, disability or resignation in any city council, or board of aldermen, or board of trustees of any incorporated city, town or village, shall be filled by appointment by the mayor of such city, town or village, by and with the advice and consent of the city council or board of aldermen or board of trustees as the case may be, the person so appointed to hold his office until the election and qualification of his successor at the next succeeding municipal election.

SEC. 2. The city council, or board of aldermen, or board of trustees of any incorporated city, town or village, shall constitute the legislative branch of the city, town or village government, and shall not perform any executive functions of government. Any person holding the office of city councilman, or alderman, or village trustee, is hereby disqualified for holding any office or employment under any city, town or village government and is further disqualified from entering into any contract requiring expenditure of the moneys of any city, town, or village in which he may have held office, for a period of one year from and after the expiration of the term of office for which he has been elected or appointed.

SEC. 3. Where any city, town or village shall be by ordinance or otherwise divided into wards or political subdivisions for the purpose of voting and government, councilmen, aldermen and trustees shall be residents of the ward or other political sub-division for which they are elected, and any council

man, alderman or trustee who shall remove his residence beyond the limits of such ward or sub-division shall thereby forfeit the office to which he was elected, and a vacancy shall be thereby created.

SEC. 4. Any person holding any office in any city, town or village by virtue of election or by virtue of appointment to an elective office of such city, town or village, may be removed for malfeasance in office, by the judge of the district court, upon complaint filed by the mayor or the city council, board of aldermen or board of trustees of any city, town or village; Provided, that such officer shall be entitled to a hearing at such time as may be fixed by the court, after not less than ten days notice of such proceedings by service, as in the case of summons in civil actions, with a copy of the complaint filed in the proceedings.

SEC. 5. That it is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico that the provisions of this act shall become effective at the earliest possible time; therefore an emergency is hereby declared to exist and this act shall take effect and be in full force and effect from and after its passage and approval.

CHAPTER 112.

AN ACT TO FURTHER REGULATE APPEALS FROM JUSTICES COURTS IN CASES OF VIOLATIONS OF MUNICIPAL ORDINANCES.

House Bill No. 263; Approved March 17, 1919.

Be It Enacted by the Legislature of the State of New Mexico:

SECTION 1. In all cases of appeals from justices courts to the district court for violations of municipal ordinances, the Justice shall file in the office of the clerk of the district court a transcript of all entries made in his docket relating to the case, together with all the papers relating thereto, within five (5) days from the date of filing a proper appeal bond in the Justice Court; and the appellant shall, within ten (10) days from the date of filing said appeal bond, cause said case to be docketed in the office of the clerk of the district court.

SEC. 2. That upon failure to docket said case as hereinabove provided within the time hereabove named, the district attorney or the city attorney may have said appeal docketed. And the city attorney or the district attorney may cause an order to be entered in the district court dismissing said appeal.

SEC. 3. That after said appeal has been docketed, either party may, upon five days (5) written notice to the opposite

party, cause said case to be set for trial before the judge of the district court without a jury at a time fixed by said judge; Provided, that all such trials shall be had in the county wherein the appeal is docketed.

SEC. 4. That in the event the appellant fails to docket said appeal and the same is docketed and dismissed by the district attorney or the city attorney, or in case the defendant fails. to appear at the time set for the hearing of said appeal without a sufficient showing for a continuance, the city attorney or the district attorney shalb cause the bond of said appellant to be forfeited as in other cases of forfeited recognizances upon information filed in the district court.

SEC. 5. That the municipality shall have free process in the district court in all cases of appeals for violations of municipal ordinances, and in no case shall any costs be assessed against the municipality in such cases.

SEC. 6. That all trials upon appeals from the justices court to the district court for violations of municipal ordinances shall be de nova and shall be tried before the court without a jury.

SEC. 7. That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.

SEC. 8. That it is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico that the provisions of this act shall become effective at the earliest possible time, and, therefore, an emergency is hereby declared to exist and this Act shall take effect from and after its passage and approval.

CHAPTER 113.

AN ACT TO AMEND SECTION 1341,CODE 1915, RELATING TO COURT HOUSE AND JAIL BUILDINGS. TAX LEVY AND DISPOSITION OF FUNDS.

House Bill No. 267; Approved March 17, 1919.

Be It Enacted by the Legislature of the State of New Mexico:

SECTION.1. That Section 1341 is hereby amended to read as follows: Section 1341. That all moneys received from such levies shall be placed to the credit of the fund to be designated "Court House Building Fund" until such time as in the discretion of the county commissioners of such county, there is sufficient money in said fund to provide a suitable court house. Provided, however, that the board of county commissioners of

such county is hereby authorized to anticipate the levy for any one year by borrowing money, the amount not to exceed the total proceed for that year, and in its discretion commence the erection of a suitable court house to be paid for out of the levies from year to year as made, or in anticipation of such levies as herein provided.

CHAPTER 114.

AN ACT DECLARING THE ROAD FROM FARMINGTON, IN THE COUNTY OF SAN JUAN, TO GALLUP, IN THE COUNTY OF McKINLEY, VIA SHEEP SPRINGS, TOHATCHI, TO BE A STATE HIGHWAY.

House Bill No. 269; Approved March 17, 1919.

Be It Enacted by the Legislature of the State of New Mexico:

SECTION 1. That certain public road beginning at Farmington in the County of San Juan, thence to Sheep Springs in such county, thence to Mannings Store in such county, thence to Tohatchi, in the County of McKinley, thence to the town of Gallup, in the County of McKinley, via the mining camps of Heaton and Gibson in the said last mentioned county, is declared a state highway.

CHAPTER 115.

AN ACT RELATING TO THE STATE TAX COMMISSION; AMENDING SECTIONS 1 AND 2, OF CHAPTER No. 54 OF THE SESSION LAWS OF 1915; AND GRANTING ADDITIONAL POWERS TO THE COMMISSION; AND APPROPRIATING MONEY FOR SALARIES AND EXPENSES OF THE COMMISSION.

House Bill No. 280 (as amended); Approved March 15, 1919. Be It Enacted by the Legislature of the State of New Mexico:

SECTION 1. That section 1 of chapter 54 of the Session Laws of 1915 be and the same is hereby amended to read as follows:

"Section 1. There shall be a State Tax Commission consisting of a chief tax commissioner, who shall be president of the commission, and two associate commissioners, to be appointed by the governor by and with the advice and consent of the senate. The term of office of the members of said commission shall be six years, but in making the first appointments under

this amended section the governor shall appoint one member of the commission to serve for two years, one to serve for four years, and one to serve for six years who shall be the chief tax commissioner; and thereafter, each member appointed, except those appointed to fill vacancies, shall be appointed for a term of six years; not more than two of such commissioners shall at the time of such appointment be members of the same political party. At all meetings of the commission two or more members shall constitute a quorum for the transaction of business."

SEC. 2. That section 2 of chapter 54 of the session laws of 1915 be and the same is hereby amended to read as follows: "Section 2. The chief tax commissioner shall reside at the state capital and shall devote all of his time, except during reasonable vacations, to the performance of the duties of his office. He shall receive an annual salary of three thousand, six hundred dollars. The associate commissioners shall each receive compensation at the rate of ten dollars per day for each day he is engaged in the performance of his duties and in going from and returning to his home in the performance there of; Provided, that no associate commissioner shall receive com pensation for more than one hundred and twenty days in any one year."

"The commission shall appoint a secretary who shall receive an annual salary of not more than three thousand dollars, and the commission may employ such clerks and assistants as may from time to time be deemed necessary, prescribe their duties and fix their compensation within the appropriations for that purpose made by the legislature. The office printing, stationery, stamps and other necessary expense of the commission and the reasonable traveling and hotel expenses of the members, agents and employes thereof, when traveling in the performance of their duties, shall be paid by the state in the manner provided by law for payment of salaries and expenses of other state officers and employes.

"For the payment of salaries and expenses of the commission, as herein provided, there is hereby appropriated for each of the 8th and 9th fiscal years the sum of forty thousand dollars.

SEC. 3. An appeal will lie on behalf of the state to the state tax commission from the decision or action of county assessors, boards of county commissioners or county boards of equalization in all matters relating to assessments or violation of property for taxation purposes. Such appeals may be taken by any member or agent of the state tax commission.

The form prescribed by said commission for tax schedules shall require the owner or agent to state therein the post office address of such owner or agent, and in case an appeal is taken