Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-07-22
THE Law SHOULD BE oBEYED

The White Oaks Interpreter comes
boldly and Justly to the front in the fol-
loving comments upon the action OF the
Democratic county commissioners OF Lin
coin county in disobeying and ignoring
the clear letter of the law in refusing to
call an election for delegates to the CON
stitutional convention. The interpreter
says:
The 2sth legislative assembly OF
New Mexico, in session at Santa Fe,
passed, on the 18th day of February, an
act providing for the holding Of consti-
tutional convention, and it became law
by limitation on the day of its passage.
This act provides that an election for
the purpose of choosing delegates to this
convention be held the first Tuesday
after the first Monday in August, 1889
said election to be conducted in all re-
spects as elections under the laws of New
Mexico, except that no registration will be
required. Under its provisions the duties
of the county commissioners are very
clearly defined, as follows, to-wit: The
several boards OF county commissioners
OF the several counties of the territory are
hereby required to issue notice of such
election at least twenty days prior thereto,
stating the object OF the election and the
number of delegates to be chosen from
the county, and shall deliver said notice
to the sheriff, who is required to post the
same in the various precincts of his coun-
ty, at least three in number of said no.
tees, and in the most conspicuous places
in said precinct.
These notices have not been posted Ia,
Lincoln county, so there can be no legal
election and Lincoln county will have nc
| delegates in the constitutional convention.
| The county commissioners failed to
perform their sworn duty and are there
| fore deserving of the most severe crltl'
csm. The wisdom OF the act itself does
not in any way figure in this connection
1t was the voice OF the people as Spoken
by their chosen representatives in thu
legislature and was not supposed to b.
set aside by board of three county com
missioners.
For some days it had been said that tn
county board would not provide for thi
election, yet we believed to the last mo
ment that they would not disregard
duty that they had been sworn to per
form, but we were mistaken.
The courts OF the territory are the Onl
legally constituted body having an.
right to- review the legality of any &C
passed by the legislature.
Such failure by the officers of thi
county in the performance of duty ha
,,o+ oo,rrrA1 II, M orp vaoru and IL 10 RI h
hoped such another may never occur.
county that seeks to attract immigration
cannot afford to set such precedent n
this,
The New MEXICAN has nothing to ad
except that the people of Lincoln count
should hold the election provided for b
law, anyway; they can repair to the usus
polling places, elect judges and clerks c
election and submit the result to tn
convention itself. There can be no dou&
that in such case the delegates vote
for will be admitted to the conventio
and take part in its proceedings. 1t wi
not do for the great and growing count
of Lincoln to be unrepresented in tn
, constitutional convention. The latte
= means progress and advancement fC
. New Mexico, and Lincoln county mus
for its own sake, take part in all sue
moves. Another thing, the district n
, torney for the 3rd judicial district shoul
bring this illegal action of the count
commissioners Of Lincoln county befol
the grand jury. If the sworn officers Of
county do not respect and obey the la
how can the average citizen be expecte
to do so?