Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-04-18
OFFICIAL AND POLITICAL.


Clubs -Notcs by the Way.
To the Editor Of the New Mexican
RATION, April lG.--I notice in some
territorial newspapers an extract from the
decision Of Judge Brnker in the dstric
attorneyshjp question between MesSrs
Greenleai and Collier Judge Brinkel
holds that district attorney is not such
district officer as is meant by the Or
ganiC law, and Saws The district attorney
is in no sense Il district officer except il
name and except in the extent OF the ter
ritory in which he exercises his functions
In every essential particular he is q ter
ritorial officer The district attorney
bears the same relation to the territory as
the district attorney of the United States
and the several revenue officers Of the
federal government 10 to the United
States. They are all limited TO certain
specific portions OF country called districts,
but they are all officers, not OF their dis
triCts, but OF the United States. So in
many OF the states judges OF the courts of
original jurisdiction are limited to certain
portions OF the state called circuits or dis
tricts, and are commonly called circuit or
district judges, but they are nevertheless
state officers. In all these instances these
officers within their allotted territory or
district represent the power and authority
Of the United States and the state re-
spectiyely."
In reply to Judge Brinker | call atten-
ton to the following: | might say in the
first place that q statute passed by state
legislature is never declared unCOnstitu-
tional because it is doubtful if it does not
conflict with the constitution. And the
argument is much stronger in the case OF
an act passed by a territorial Legislature,
where congress has ALWAYS an easy remedy
at hand to abrogate and anul the conflict
ing statute, which easy remedy the state
does not possess. But pass from that to
the direct question raised by Judge Brink
er: The Judge says district attorney is
only such in name and in the territory
over which he exercises his functions.
That is correct and it is just the name and
the territory that makes the distinction.
What DO we mean by state, territorial,
county, district, township and precinct
officers, if the name does not refer to the
Territory over which the officer has inris-
diction? Suppose the Legislature were to
create the office of county attorney with
tho same nowera within his county nc q
d;strirt attornev Womb such an officer
no q territorioI or q county niHraro .Iudpe
Rrinkor saws territorial sar comfy
officar
A oLeriH il oynrvwhnrn rerognizod nc q
county officer Snnnose the LEGISLATURE
ehouid nrovidn thai in every rrnrinct there
should hn q denntv sheriff with the same
nownrs within his nrprinct as the sheriff
hnt M mowers outside his precinct would
Lp ho nracinct or a comfy ottirero
Snnnose thp legislature shOuld abolish
tho Once Of sheriff and provide in every
nrpcinct for person with the same
hover UNIT no Jurisdiction outside his
nrarinrt What would tha officer he a
comfy ar nrpcnrt officer
What is irstice Of the npare2 In some
states very lew he il county officer.
in some township and in soice prn.
cinct oftcar What makes the difference
II If ia not the Territory over which he has
n,risdiction
Whit ia a comfy iudpe. y county or q
tarritorial oflicpr9
In Ohio district iudgcs with jurisdiction
over districts mr. cirruits are voted for on
tho ticket that hos on If the names Of dis
trict officers and the supreme iudges or
tickets that have on the names Of STATE
of;cero
Judge Brinker saws the district attorney
hears The same relation to the territory a,
the United States district attorney does Il
the limited states That * tule but the
roncInsion he draws is incorrect He
says a United States district attorney is :
United States officer, therefore a terrtoria
district attorney il territorial officer.
lie confuses the meaning OF terms. The
question ot issue ia township. district anC
comfy Offices versus other kinds o
+ otticos 4 district office versus a terrific
riol Office Rnt in the case Of Trnjtec
States officers we call them all United
States officers who receive commission
from the government Of the United
| States We use fine term ITnited State,
officer contra 10 that Of state officer
A westminster il q United Statps officer
Does that give jurisdiction over the l. S.
a marshal, revenue officer, district at
toIney' an aItofHet seiei" d, aio all ! iitlel
diction il varied And it is easier to b,
misled by the argument from the fact tina
the United States has no definitive sub
divisions, like a state, which is divided
into counties, townships districts and pre-
cincts.
Suppose it should be provided by Law
that all officers with general powers owe
the United States should be selected b,
tho rrooidart ond ropGrn,ad NV tha snnote