United States Supreme Court Cases & Opinions

U.S. Supreme Court

Gray v. Taylor, 227 U.S. 51 (1913)

Gray v. Taylor

Nos. 322, 483

Submitted January 6, 1913

Decided January 20, 1913

227 U.S. 51

Syllabus

In determining whether a statute is a local act of the nature prohibited by the Constitution, the legislature will not be supposed to be less faithful to its obligations than the court.

A local law means one that in fact, even if not in form, is directed only to a specific spot.

A law is not necessarily a local law because it happens to affect a particular spot.

The law of New Mexico Territory requiring that changes of county seats shall not be made under certain conditions is not violative of the Act of 1886 prohibiting the Territory from passing local laws because those conditions happen to apply to certain localities.

In determining questions from the territories not based on federal law, this Court inclines towards following the local courts, Treat v. Grand Canyon Ry. Co., 222 U. S. 448, and so held as to questions relating to the passage of an act of the legislature of the territory.

Following the supreme court of the territory, held that the act of the legislature was properly passed, and the petition for change of county seat, and the ballots were not irregular.

A statute requiring the appointment for certain elections of a registration board sixty days before election does not apply to a special election ordered by a subsequent act to take place within sixty days after presentation of a petition.

15 N.M 742 and 16 N.M. 467 affirmed.

The facts are stated in the opinion.

Page 227 U. S. 55