Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-03-11
THE SUNDAY LAW.
Letter From District Attorney Clancy
to Governor 0tero.
HOW THE LAW is EVADED.
Albuquerque, Feb. 81, 1902.

Albuquerque, Feb. ~, 1902.
Hon. Miguel A. Otero, Governor of New
Mexico. Santa Fe, n. M:
Dear Sir-I have received your let
ter of the oath inst. relative to the en-.
forcement of what is ordinarily known
as the Sunday law. | agree with you
fully that so long as a statute is the
law of the territory. it should be en-
forced. If the law is a bad one, or if
public sentiment does not sustain it,
its enforcement may bring about its
amendment or repeal.
My understanding has been different
from that of the signers of the petit
ton, a copy OF which you enclose in
your letter, which sets up in substance
that The Sunday law has not been en-
forced, except in the First judicial dis
trict. | have been led to believe that
infractions of the law have been for a
number of years punished in the courts
of all of the districts, except the Sec
ond. In this district, when | became
district attorney, my attention was at
tracted to the fact that, while the law
is generally observed by all other
classes of business men. it was openly
and VIGOROUSLY violated by retail
liquor dealers. Entertaining as | did
the same views expressed in your let
ter, as to my duty, | sent to every re-
tail liquor dealer in the county of Ber-
nalillo a circular letter, copy of which
| enclose herewith. This letter was
sent out on the 18th OF August, 1901,
and | called special attention to the
subject in my report to you. under date
of August 20, 1901. from which report
| make the following quotation;
The Sunday law has been for years
openly and VIGOROUSLY disregarded by
retail liquor dealers in this district, es-
pecially in Albuquerque, and no at
tempt has beer made to prosecute such
| violations OF the law. AS the law APP
peared to be considered a dead letter,
! | recently sen to all retail liquor deal
ers in Bernalillo county a notice call
ing their attention to the statute and
warning them that they might be pros
! ecuted for its violation. This notice
was given in a spirit of fairness to-
ward a set of men, many of whom were
ignorant of the existence of the law
and none of whom anticipated the pos
sibility of punishment under it. 1t has
been looked on rs a threat on my part.
| and interpreted to mean that | was
, going into the business of hunting up
, cases against this class of offenders.
Nothing could he farther from my
thought. In the absence of q statute
giving funds and making it the duty
! of a district attorney to use them to
employ a corps of detectives to work
up cases, he cannot do more than pros
| ecute the most fragrant violatCrs of the
| statute, as to whom evidence comes
| xy;fhA,,N cHAaf.1 nffnrt had rnaCnn
10 expect such evidence would be pre-
scented, and therefore the notice was
given.
while on this subject. it may be
well to say that any attempt rigidly
to enforce this statute against liquor
sellers would not be sustained by pub.
lie sentiment, and would result in dis
graceful ~evasions and concealed VIC
lations of the law. 1t would be much
better to require those liquor dealers
who wish to do business on Sunday to
pay double the ordinary license, sub
| ject to be revoked if they permit any
] disorder about their premises, making
a violation of the law punishable by
not less than six months imprison-
ment. and | hope you may he able to
see your way to recommending legis-
lation in this direction at the next ses-
sion of the legislative assembly
Shortly after | sen out the circular
J letter, a number of gentlemen. promi-
, nent in political and business affairs
of the county, waited upon me in a
| body and demonstrated with great
earnestness against my prosecuting
! anyone for violations of the Sunday
law, and strongly urged me to promise
to do nothing further on the subject
This | positively refused to do. telling
them that | would prosecute any viola
tors of this statute. as to whom evi
dence might be presented, exactly The
same as | would the violators of any
other law. | was then told in sub
stance that the grand jury would not
find any indictments against offenders