Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-08-25
THE SUNDAY LAW TEST CASE.

volving the validity of New Mexico Sum
day law, the opinion OF the court was
fed by Justice Seeds and concurred in by
Justices Lee and McFie.
At the last term of the district court in
Socorro county some 100 persons were in
dicted for violation of the Sunday law,
and upon hearing before Judge Freeman
fines were assessed against them. The
parties interested at once organized and
employed Neill B. Field and~ Summers
Burkhart, OF Albuquerque, as council
to bring the above test case to the
supreme court. Solicitor General Bartlett
represented the territory. 1t was alleged
before this tribunal that the indictment
charges no public offense that it is not
all offense to buy or sell any goods, wares,
other kind of property con the first day
OF the week called Sunday"
The plain.question involved was: 1s
there any law in this territory against the
selling of goods, wares, ETC., including
liquors, on Sunday. The supreme court
decides that there is, and the action OF the
trial court is affirmed. The opinion is a
voluminous one, and written with evil
dent pains. 1t says, among other things,
that: at must be constantly kept in
mind that under the very first canon Of
construction there is really nothing 10
construe, for the words of the statute are
plain and free from ambiguity. 1t is only
when We are asked to read the law in the
light Of another statute that confusion be-
comes worse COMPOUNDED, and the law
bristles With absurdities, and runs counter
to the great fundamental principles of the
government and in the very teeth of the
supposed spirit of the age. Why did
the legislature change the law? Clearly
to make it more definite and certain, and
to reduce the penalties that it might the
more readily be enforced"
A dissenting opinion was filed by Chief
Justice O'Brien, in which he says
"What induced the 9th session OF the
legislative assembly of New Mexico to
remove the safeguards thrown around the
christian Sabbath by pre-exlsting law
of the territory, is not the question sub
mitted. Has it done so, is the only point
the court is called upon to determine in
this case. The word labor
in the amendatory act, when considered
in connection with the section amended
means nothing more or less than man
ual, seryile labor 1t would be sheer
nonsense to call saloon-keeper or mer
chant a laborer or laboring man. 1t is
much safer to permit the legislature te
outrage the religious spirit Of the age anc
country for short period, than to nulify
its act by forced Judicial construction
relative to every canon of statutory enter
probation. In my opinion, the Judgment
in obedience to the already expressed
will of the legislature, ought to be re
versed."
USURIoUS INTEREST.
Another case OF more than ordinar,
merit decided yesterday was that OF tn
) Scottish Loan & Investment compan,
vs. W. II. McBroom. The opinion wa
, by Judge Freeman. The opinion ad
vances q liberal doctrine as respects CAPT
, tai which will be noted with interest b.
many. In few words, the decision is t.
the effect that, though man may pa
more than the legal rate of interest for
loan, be can not 60 into court and &c
damages in double the amount of tn
usurious interest so paid until after h
). has squared the debt and paid the legt
, interest.
In other words, he has no right
= bring suit until after he has settled his law
y full account. Messrs. E. A. Fiske and A. A
Jones were attorneys for the compan
t and Frank Springer represented MI
o Broom.
!. THE SOLICITOR GENERAL.
" Solicitor General Bartlett scored n
"a markable record as o successful pros
d cutor at this term of court. Attentio
3 was called to this fact by the compliment
, % that members of the bar have been heal
Ii to pass upon this officer during the pa
two days, and an examination OF the re
" ord which these compliments suggestt
y reveals the fact that the solicitor gener
=, has been at work. He has secured dec
u sions favorable to himself and the teri
~ y, tory in the following cases: The Murri
=. and Davis murder cases from Grant cou
~ ty the Hicks murder case from Dor
70 10 Ana, A. B. Fall, attorney; the Dudro
u suit against the territorial treasure
i i F. W. Clancy, attorney; the Fell
10 10 Silva case, John Y. Hewitt attorney; Il
81 Edie rape case, N. B. Field attorney tt
Chavez cattle stealing case, N. B. File
u u attorney the Jose Inez Trujillo assar
" " case, E. W. Pierce attorney; the Sund'
~ law test suit, Field and Burkhart ATTIC
t neys, and several others, besides bell
= successful in his San Juan county Sc
!, Us suit, which decision was favorable to u
Il, town of Aztec. This record is one th
81 81 is very gratifying to the friends of Il
~ solicitor general.