Melville Fuller

Name: Lyons v. Woods — Opinion of the Court
Author: Melville Fuller

Summary

“Lyons v. Woods — Opinion of the Court”, is a work by Melville Fuller. It explores elements such as the United States, New Mexico and territory.

Quotes from Lyons v. Woods — Opinion of the Court (Melville Fuller)

Melville Fuller, Lyons v. Woods — Opinion of the Court

“ Without undertaking to consider under what circumstances which of two legislative bodies may be judicially determined to be the lawful and true body, or when or how the lawful organization of a legislative body may be judicially drawn in question, we are of opinion that the allegations of this bill made no such case for interposition as would have justified the courts in going behind the enrolled bills as deposited with the secretary of the territory, and declaring them invalid because some of the members of the council were seated without certificates of election. ”

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Source: Wikisource

Melville Fuller, Lyons v. Woods — Opinion of the Court

“ By section 1842 it was provided in nearly the identical words, 'mutatis mutandis,' of paragraph 2 of section 7 of article I of the constitution of the United States, that every bill which had passed the legislative assembly of any territory should, before it became a law, be presented to the governor. If he approved it, he should sign it; but, if not, he should return it, with his objections, to the house in which it originated, and that house should enter the same on its journals, and proceed to reconsider it. ”

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Source: Wikisource

Melville Fuller, Lyons v. Woods — Opinion of the Court

“ Clark, and some of them are referred to and considered in the opinion in that case; but, as the organic act of New Mexico, taken with the Revised Statutes, conforms quite closely to the provisions of the federal constitution, the rule laid down in Field v. Clark governs the case before us.
Perhaps, however, it would be proper to extend our examination somewhat further. The question whether a seeming act of a legislature has become a law in accordance with the fundamental law is a judicial one, to be tested by the courts and judges, and not a question of fact, to be tried by a jury. ”

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Source: Wikisource

Melville Fuller, Lyons v. Woods — Opinion of the Court

“ By section 1844 it was provided that the secretary of such territory should record and preserve all the laws of the legislative assembly and all the acts and proceedings of the governor in the executive department, 'and transmit one copy of the laws and journals of the legislative assembly, within thirty days after the end of each session thereof, to the president,' as well as two copies of the laws to the president of the senate and the speaker of the house for the use of congress. ”

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Source: Wikisource

Melville Fuller, Lyons v. Woods — Opinion of the Court

“ Chavez and six others, holding, as they state, the proper legal evidences of election to the twenty-sixth legislative assembly of New Mexico, was presented to the senate of the United States on March 3, 1884, and was referred to the committee on territories. ”

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Source: Wikisource

Melville Fuller, Lyons v. Woods — Opinion of the Court

“ The Collector, 6 Wall. 499, was cited with approval, in which the court laid down the proposition: 'That whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any source of information which, in its nature, is capable of conveying to the judicial mind a clear and satisfactory answer to such question ”

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Source: Wikisource

Melville Fuller, Lyons v. Woods — Opinion of the Court

“ By the act of July 27, 1868 (15 Stat. 239, 240, c. 272) , the organic act was amended, and that amendment was carried forward into section 1921 of the Revised Statutes, which reads: 'The secretary of New Mexico territory, upon the convening of the legislature thereof, shall administer the oath of office to the members elect of the two houses and the officers thereof, when chosen; and no other person shall be competent to administer such oath save in the absence of the secretary ”

Melville Fuller

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