Oliver Wendell Holmes, Jr.

“ In its present form the statute may be specially favorable to the change from Lincoln to Carrizozo, if, as is said, the latter town is on a railroad and Lincoln is not. It may be admitted that a local act could be disguised in general terms, if a legislature would condescend to evading its duties under a constitution or organic act. It may be assumed that general words are not necessarily enough to disguise such an intent. But it is not lightly to be supposed that a legislature is less faithful to its obligations than a court. ”

“ There is no ground on which the law could be declared void.
It is objected that there was no registration of voters, as required in general terms by § 1709 of the Compiled Laws. But that section required the county commissioners to appoint a board of registration sixty days before any election, and as the statute concerning the change of county seats in case of a special election required it to be called 'at any time within two months of the date of presenting said petition,' it naturally was held that the case was taken out of § 1709 by the latter act. ”

“ Kohlhausen, 9 N. M. 565, 58 Pac. 499, has lost but little of its force and applicability, notwithstanding the later amendment of the statute. The law is shown not to be a local law, and with regard to the 20-mile limit, it is said to be only resonable to believe that the legislature intended, in fixing it, 'to prevent cities and towns situated within a few miles of each other from engaging in those injurious contests for the supremacy for the location of the county seat, based upon population only. ”