Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-11-25
A QUESTION OF LAW.

~ ,NlN'H N'if'H 'Ni 'ufiI " NY
law now In force under which Albu
querque can restrain the social evil
The police court records Of Albnquer
que for many years past show thai
prostitution has been punished there
as q misdemeanor under the yagrancy
law. The records Of each month for
AT least $50 months show a long and
gradually increasing list OF inc OF
women against each Of which appears
the entry. "yag. $40" There are
cases on record OF women viii have
been driven from the city because
fines were assessed In rapid sue.
cession. This didn't happen because.
as Alderman Wilkers6n so eloquently
pointed out at the last council meet
ing. Albuquerque needed the money"
still, the police authorities have es-
tablished their rower to drive out
prostitutes when they choose.
And II the law In question were
properly followed. II would drive out
all the prostitutes. The police author.
tiles, acting OF course with the know
ledge and consent, II not by the direc.
ton Of the city council. have turned
the law into license. The police rec.
Ords snow that fines are collected.
But the shameful fact Is that the fines
are merely licenses. PAY $40 a
month"; say the powers that be, land
you shall be protected In the prosecu-
ton OF your nefarious calling. We
cant maintain our schools. our police
department or our city government
II you don't nelp III ont"
We don't believe the city is~any
higher In the moral scale than the
city which Is supported on the wages
Of shame. albuquerque has licensed
prostitution under the guise Of law
that. II legltimately followed, would
suppress the vice. II the prostitutes
are so guilty that ten dollars n month
can be collected, they are guilty all
the time and fines can be assessed
for every day they continue in viola
ton of the law. II they are not guilty
Of any wrong, every prostitute that
has ever paid license In Albuquerque
under a law which provides for a fine
can get the whole amount back.
1t Is indeed an open question
whether this money cannot be re-
covered anyway, for 1t would be diff
cult TO find authority which would
give any police officers the right tt
turn a prohibitive law into a license
to do wrong.
There can be no argument on thu
proposition that a punishment inflict
ed under a prohibitive law aims t
stop the wrong doing. II a first pen
ATTY prove Intellectual, the penalty Ii
increased to the limit. and In cases Of
misdemeanor. Imprisonment follows
II a first or second fine prove inef
fectual.
We take back nothing that we have
said regarding the duty Of the Albu
querque city council to enforce the
laws. The council is guilty Of greater
wrong than the mere non-enforcement
Of law. It Is guilty Of permitting a
prohibitive law to be used as a IL
cense to do wrong. The decent public
Of Albuquerque must 500 rise in re
volt against the maintenance of the
city by such ill-gotten gains as those
derived from the illegal licensing OF
prostitutes. II licenses are to be
granted. 1t will be Il thousand-f0ld
better to grant them under an ordin
ance passed for that purpose. not tc
continue the method OF using the law
as a cloak for its violation.