STATE v. MECHEM

No. 6264.

316 P.2d 1069 (1957)

63 N.M. 250

STATE of New Mexico on the Relation of HOVEY CONCRETE PRODUCTS COMPANY, Inc., Employers Casualty Company and New Mexico Insurers, Inc., Relators, v. Edwin L. MECHEM, Governor of the State of New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied November 15, 1957.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, John P. Eastham, Albuquerque, Seth & Montgomery, Santa Fe, for relators.

Fred M. Standley, Atty. Gen., Robert F. Pyatt, Asst. Atty. Gen., for respondent.

Irwin S. Moise, Lewis R. Sutin and Franklin Jones, Albuquerque, George L. Reese, Jr., Carlsbad, C.M. Neal, Hobbs, and C.S. Neal, Carlsbad, amici curiae.


COMPTON, Justice.

This is an original proceeding in mandamus to compel the Governor to appoint Commissioners to administer the provisions of the Workmen's Compensation Act, Ch. 246, L. 1957, 1953 Comp. § 59-10-36 et seq. The Governor declined to appoint the Commission because of doubtful validity of the Act.

The attack on the Act is multiple but the main question is whether it confers an unlawful delegation...

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