Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-11-23
MCKINLEY COUNTY
GRAND JURY REPORT
Advocates lid On at Gal
lup and Many Other
Reforms.
ELECTION LAWS TO Be ENFORCED

lHe DlslIlcI NouIt VI mNhIulty
County:
Sir-We, the grand jurors of Nc.
Kinley county, empanelled at the No
vember term, 1905, beg leave to sub.
nit this, our final report:
We have been in session for less
than three days, during which time
we have had under investigation four
specific cases and a number of other
matters, which did not take the form
of definite charges against any one.
We have examined twenty-four wit
nesses, the evidence of many of whom
was quite lengthy. We have been
able to present to the court only one
Indictment, and in the other cases, in
which the evidence was not sufficient
10 Justify indictments, we have maoe
no presentmeDts to the court, because
the persons investigated were neither
in custody nor under bond. In such
cases it would seem unjust to put
upon the record of the court anything
which would show that a person had
been accused or even suspected of a
crime.
Some complaint has been made be-
fore us of violations of section 1855
of the Compiled Laws of 1897, which
makes 1t a criminal offense for any
corporation, firm or individual en-
gagged in operating mines or in general
mercantile business, TO issue In pay
ment of wages or of advance on
wages. any script or other paper pay
able otherwise than at its face value
in money, and also al to violations
of section 1856. which makes 1t an Of
Tense for any employer to compel his
employees to purchase goods or sup
plies from any particular person, firm
or company.
We are of the opinion that these
statutes. like all others on the statute
book, ought to be respected and en-
forced, but in the limited time at our
disposal, we are unable to make a sat
isfactory investigation on which to
base indictments at this time, but we
recommend to the district attorney
that he make efforts to collect evil
dence before the next term of the
court as to such ~offenses, so as to
lay it before the grand jury when 1t
meets and give opportunity for proper
and effective action.
The instructions of the court call
ed our intention particularly to what
is known as the Sunday Law, and we
have to report that it is forced upon
our attention as a matter of general
public notoriety, that this law is ha-
bitually and openly violated in this
county, and especially in the town
of Gallup.
The most fragrant and offensive vio-
lations of the law have been by re-
tail liquor dealers, but we regret to
say that this deregard has not been
confined to this class of people.
We have not considered it wise, or
perhaps quite fair, at the present
time to find Indictments against the
offenders. For years 10 attempt has
been made to punish or restrain them,
until they have come to believe that
the law is a dead letter. We feel that
while they may not be entitled to it
as a matter of legal right, yet they
ought, before being prosecuted and
punished, to have some warning, such
as We now seek to give them.
Moreover, we believe that the law
can be practically enforced without
resorting to wholesale prosecutions
in the district court, and the eOnse-
quent Imprisonment in the county
jan. If the sheriff of the county and
his deputies, including the town mar
shal of Gallup and his policemen,
cause it to be understood that any
person discovered violating the Sun
day law will be Immediately arrest
ed and vigorously prosecuted, we be-
lieve there VII he few who will dery
the law, and they should be so dealt
with as to convince them that no idle
threat has been made.
We have been informed that there
are few, if any towns of the size of
Gallup, in New Mexico. where the
Sunday law is not strictly enforced,
and we feel that we ought not to fall
behind. If the law does not please
the people. they can nav it repealed,
but while it remains on the statute
book, il ought to be enforced, and If
thoroughly enforced, the people will
soon learn whether they want it or
not
While no direct evidence on the sub
ject has been presented TO us, yet it
has been persistently reported for a
long time. that illegal voting has been
permitted and even promoted by some
citizens at elections in this county.
Ii is said that numerous foreigners,
who have not been in the United
States for more than six months, who
cannot speak, read or write the Eng.
fish language, and who are destitute
of any knowledge of our institutions
or government, have been taken to
the polls and voted by interested per-
sons. A majority of the grand jury
believe there is good foundation for
these reports.
We earnestly urge upon the district
attorney that he take steps to ascer-
tain the facts, and to bring necessary
witnesses before the next grand jury
with a view of prosecuting the Of
tenders and thus lettering them from
a repetition of one of the most seri-
Gus crimes against our government.
It should be added that a portion
Of our number vigorously dissent
from this statement and recommends
ton.
We respectfully call the attention
OF the district attorney TO section 4l4l
of the Compiled Laws of 1897, as to
the collection of an occupation tax,
provided for in aforesaid section, and
that he take such necessary action as
he may see fit to enforce the law.
Having completed our labors, We
now respectfully ask to be discharged
for the term.
(signed) GUS MULHOLLAND,
Foreman.
Territory Of New Mexico, County Of
Mckinley:
70 the Hon. Ira A. Abbott, Judge OF
the District Court Of Mckinley