Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-09-30
GRAND JURY
EXPOSES SCANDAL
CONTINUED from PAGE -

bic, and perhaps dangerous to health.
This place should be cleaned and puri-
fed and precautions taken so as to
make it impossible for such condi-
lions to recur
As to the jail, we find it a place en-
tirely inadequate for the requirements
Of this county. There are at present,
only about twenty prisoners, which
number we are told, is much less than
usual, there having been at times, al
many as forty, but even twenty is
more than can be properly cared for
in such limited quarters. This should
be remedied at the earliest practica-
bic moment.
We feel compelled to advert to the
carelessness and negligence, using the
mildest terms possible, of justices of
the peace in sending in papers rela-
tive to persons held to await the ac-
ton of the grand jury. In one case
presented to us, the alleged offense
was committed in June. 1904, and i'm
mediately theI eater the accused per
son gav bond for his appearance to
await the action of the grand jury:
n yet the papers reached the dis
trict attorney only a short time be-
fore the present term of the court, and
after the death of the principal wit
ness. We are unable to find an indict-
ment upon the evidence presented,
but the result might have been differ
ent had the papers been sent in
promptly, before the death above men
toned.
In another suit, eight men in May,
last, were by a justice, put under bond
to await the action of the grand Jury.
This case was never reported to the
clerk or the district attorney. Near
the close of our session one of our
members called it to the attention of
the district attorney, who Immediately
had witnesses summoned, and as a re-
suit, several indictments were found.
We have no definite information as to
what has become of the bonds given
by these defendants. They ought to
be in the hands of the clerk of the
court.
In still another case, a young man,
in June, by a justice, was committed
to Jail in default of bail, 10 await the
action of the grand jury on a charge
of impersonating an officer. The pap
ers in this case were fled in the clerks
Office on September %, 1905, and were
brought to u attention on Septem-
Der &c. 1905, only after relatives of
the accused person had beset some of
our members with personal impOr-'
tunity. As a result, on September 27,
we made a presentment of nc bill'
in this case. We cannot refrain from
commenting further as to this matter.
The evidence showed that a man of
bad reputation, a keeper of a vile
drinking place of the lowest chaTaC-|
ter, in Old Albuquerque, testified be-
fore the justice of the peace, that a
voice, through a telephone, tolu him
that the owner of the voice was a dep
uty sheriff, and was coming on the
next street car to arrest the saloon
keeper and close up his place of bust
ness, and that he recognized the voice
as that of the defendant, with whom
he had had some previous quarrel. We
cannot believe this sufficient to indi-
cate al offense under the statute, as
to impersonating an officer, and yet
this young man was confined in Jail
for three months on this charge. This
is he more surprising to us, because
we believe the justice of the peace
who took this action to be an honest
n conscientious man. We think he
must have been badly advised.
There has been presented to us evil
dence as to one Donaciano Gutierres.
1t. was shown hat this man sold liquor
at retail at four different places, in
two or three different precincts of
the county, in the year 1904. We
were, at first, impressed with the be-
lief that this man was a lawless vio-
latOr of the territorial revenue law,
but upon examination of the record of
liquor licenses, we found that he was
the owner of a retail liquor license,
covering the period of sales made by
him, and taking the charitable view
that he may have been honestly mis-
taken as to mis- rights under such a
license, we refused to find an indict-
ments against him. We feel it our
duty, however. to call his attention,
and that of all other persons, to the
fact that a license to sell liquor at re
tail authorizes selling at only one
place in one precinct, and is not good
as to sales at any other place or in
any other precinct.
BY chapter 115 of the laws of 1905,
II is provided that no license shall be
issued to sell liquor at retail at any
place except within the limits of a
city, town or village containing at
least 100 inhabitants, and a severe
penalty is imposed upon any officer
who authorizes or issues such forbid
den licenses. We find that the asses
sor and probate clerk of the county
have apparently paid no attention to
this statutory provision, but have ar-
cepted applications for liquor licenses
without Investigation, but we have
found no indictments against either of
them, because we did not believe their
neglect of duty was wilful or inten-
tional. We invite their careful atten-
ton to this law in the future.
For several years it has been the
custom, in the city of Albuquerque,
10 have one night, during the annual
terrific ial fair, given ap to unusual IL
cense i'm the streets of the city, when
maeted persons of both sexes and OF
Pu AGES nave beer allowed TO peryade
the town. and when the drinking and
gambling places of the city have been
thrown open 10 such persons without
restriction. This is a gross violation
OF the territorial law. but we have
not deemed il advisable or desirable
to present indictments as to such Of
lenses, as we could not do so with
out involving people of respectability
and good standing. who thOughtlessly
allowed themselves TO be carried away
by the enthusiasm of such an occasion,
apparently sanctioned by lawful au-
thority. We do not consider it nee
essary to eXpatiate upon the evils OF