Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-02-16

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certained that only one place was in
, tended, In the discussion Of the case tn
court enunciates the reason Tor the ruiz
OF classification, which seems to me ap
plicable here. IL says, lit is thus appar
ent, think, that In the judicial mind the
distinction necessary to mark q class
must be something in the situation Of
circumstances Of the places embraced by
the legislative enactment which would
render like powers if granted, inappro.
pirate to and unavailable for other town
ships within this rule Of Interpretation
the laws OF 1889 can not lie indicated.
Measured by this lucid and practical rea-
son for classification, this rule OF in
depreciation, what is there in the
situation or circumstances OF Santa
Fe, San Miguel, Bernalillo and Dona
Ana counties which would render like
powers or privileges inappropriate or un-
available TO the other counties Of the ter.
ritory?
Aa showing almost as a demonstration
that this law is local and special / cite
one more case as laying down the rule by
which to test the general or special nature
| OF statute. In State ex rel Randolph
Az. y.
court says: 'Disclaiming all intent to
further defining what is general law, it
| will serve the present purpose to say that,
under these adjudications, a law is to be
| considered as general when its provisions
| apply to all objects of legislation distin-
gushed by qualities and attributes which
necessitates the legislation, or to which
the enactment has manifest relation.
Such law must embrace all and exclude
none, whose conditions and wants render
such legislation equally necessary or ap.
propriate to them as Glass;
My conclusion is that the Jury law of
this territory concerning the terri
torial grand jury is, first, uncon-
stitutional; it is not legal to set aside
a necessary requisite Of the common law
jury guaranteed to the people by the 9Th
amendment to the constitution of the U.
). and second, that the law in question is
clearly local and special and therefore in
contravention OF the specific inhibition of
the congress of the U. s. upon territorial
legislatures enacting such laws as to sum
moning and empaneling juriea. !
have arrived at this conclusion after
deliberation which required breaking
down of previous favorable Impressions,
My effort has been to find some ground
upon which to uphold the law, but have
failed. And it seems to me that when
technlcalltles are eagerly gYasped by |
courts to save the jeopardy OF an accused's |
life; that when statutes are declared un-
constitutional, often where only property
rights are at Issue, and where a reason.
able argument could be made for the
statute backed by authority, that it would |
be a startling innovation for Judge
to uphold criminal statute or one regu.
lating the trials of life, liberty and prop
erty, where there is no authority for it
where even the specious arguments
usually incident to the uses OF human
laws are absent, and where both reason
and authority condemn the law with a
power OF intense conviction.
Ills decision must have come in time,
and no better time could have been had.
The legislature Is now in session and can
pass law against which no exception
can be taken. There has lately been
considerable crime OF grave magnitude
committed in this territory and Justice
demands that if the parties are found and
Indicted aud tried that no uncertainty as
% the legality of the juries shall threaten
he just condemnation of the criminals.
This law does so threaten, nay, more,
absolutely renders it certain that any &C.
ion under it properly expected to, would,
n my Judgment, be null and void
There need be no failure of Justice
herein. The district attorney has the
evidence here in each case 10 be present.
ID to the petit jury. AS soon as the leg
stature acts, a legal grand jury can be
smpanelled and the evidence immediate
y laid before them, and then if indict-
nents are presented, the cases may yet
% to the petit jury this term, with con-
ciousness of all parties that the body in
letting and the body trying the accused
ire legal bodies.
The replications are overrued, the
,leas are sustained and the indictme nts ,
viii he qnashed. E. ?. SEEDS,
Associate Justice, :