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THOMPSON v. LEGISLATIVE AUDIT COMMISSION

No. 8717.

448 P.2d 799 (1968)

79 N.M. 693

Harold G. THOMPSON, Auditor, State of New Mexico, Petitioner, v. The LEGISLATIVE AUDIT COMMISSION, Hon. Jeff Good, Hon. I.M. Smalley, Hon. J. Minor Rudolph, Hon. John M. Eaves, Hon. Brad Prince, Hon. Raymond Pendleton, Hon. Alex G. Martinez, constituting the members of the commission and C.R. Sebastian, Legislative Auditor, Respondents.

Supreme Court of New Mexico.

Rehearing Denied January 7, 1969.

Attorney(s) appearing for the Case

James E. Thomson, Santa Fe, for petitioner.

Boston E. Witt, Atty. Gen., David R. Sierra, Asst. Atty. Gen., Santa Fe, for respondents.

OPINION

CARMODY, Justice.

In this original mandamus proceeding, the State Auditor challenges the validity of ch. 287, Sess.L. 1965 (§§ 4-24-1 to 4-24-25, N.M.S.A. 1953).

The New Mexico Constitution, art. V, § 1, designates the executive officers of the State, and specifically includes the "state auditor"; however, it is silent with respect to any duties of that office. Two sections of the statute point up the controversy. Sec. 4-24...

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