Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-21

ltfot - Pet. ss7. Andf when By that
instrument provision was made FOR
suits against tates IN the supreme
court ia could not have been hen in
tended 10 apply the legal entities. now
known as territories. which We're the
later creations Of the United States
not strictly congress alone. since the
president has a constitutional share
IN such legislation A. the basis 81
their contention the defendants as
sprt that New Mexico is a sovereign
political body. Whether % d 81 or
nai IS a question ~ words rather than
things except for the inference which
they ask the court 10 draw from the
alleged fact ~ its sovereignty. that 70
Us IN part material With the states.
and SO can Ae= used, III al all only
IN the supreme court OF the United
( States. The word sovereignty has.
meaning. In strietness u means uiti-
mate authority. supreme and unCon-
l~frollable. giving an absolute right Z"
govern Iu that sense. however. there
ls mo- sovereign authority IN the
United States The states have put a
qualified sovereignty. Field. e. j.. IN
Moore VS.. SmHW, etc. % CAT, 1872
AUD the federal government from
time Co time made sensible Of the con
s%titutiouai limitations which restrict
It's power over its citizens But the
original states were sovereign prior T.
the constitution and remain so except
as they gave uu 20 the general gov
eminent. established under the constt-
tuition, some Of the usual attributes -
sovereignty The partial sovereignty
which they retained thev cannot be
deprived OF bv the federal govern
ment The states since admitted 10
the union are on precisely the same
footing as tho original ones. Between
the states and the territories there L.
q broad. ana. 10 seems % me funda-
mental difference. The rights Of tho
former are grounded on the consti-
tuition he latter. as governments
have no constitutional rights what
ever. although its citizens doubtless
have personal rights under the consti-
ton Of which congress could not de-
prive them They are legislative gov
ernments Norman Church VS.. United
states. 1876 L.. s.. !. as. A.. They are
the creations Of the federal govern
ment. on which even their existence
depends Their legislation Is limited
10 scope by the acts creating them
and may be nullided no win by their
creator. Their relation 20 the gem
eral government Is much the same as
that which counties bear % their re-
speCtive states Clinton VS.. Englo-
breght. rs Wall. 4s4. Their politi-
cal rights. as the court said. In Muir
phy VS. Ramsay. ia T. s. a.. IS.
are franchises which they hold az
privileges in the Legislative discretion
Of the congress or the United states.
sovereignty as they may have
can bear but a slight analogy 20 that
Of q state II is true that IN Kawan-
anahoa W. Polyblnk. 2O5 4. s. 34s
elaU8i. the Court held that Hawaii
could not he sued against It's obiec-
tlon IN rs own courts. but the decision
i expressly put on the ground thar
there a be no legal right against
the authority that makes the law on
which right depends.
That is very far from holding that
e territory cannut be made n defend
ant against lis objection IN a suit by
the United States lH a ease arising un-
a law Of the United States. In a
court created by the United States
for the trial ~ such causes. T.. :.
Rev. stat q 1910. organic act. See.
10. see T.. $. vs. Texas. l43. O.. =. 6Af. /
SCI The inquiry. then. D. whether
congress has By fair construction of.
It's acts made New Mexico answerable 4
here In a suit % that kind. That q
not in express language so pro-
yided T. conceded 10y counsel Recur-
ring again 70 D nature of the terri
.oflal government as Legislative"
han constitutional We shalt
inj that 80 falls under the head OF
municipal. or as they are sometime
called. political corporations. which
are tn general the Institutions created
the sovereign, chiefly TO regulate
and administer the local or Internal
aduirs of the district Incorporated.
Dillon ON Municipal Corporations.
20 Ed Sec. %. Bowler Law Die
Although the power 20 sue and the
10 respond in Court to thu
'uits uf others are sometimes cnumer-
lted among the attributes conferred
pa corporations of AN kinds by the
giving them existence. 90 H.
Wtl established principal 90 law
That without such mention such power
b 'fIcltly annexed" to them. clark
~ on Corporations =. 664;
pson ON Corporations. Sec. 1850
This is true 81 political AS wen as pri-
corporations. Am. and Eng
Enc 20. 1.tF5. Dillon ON Nun. Corp
.2d f,d.l Sec. l49. 10 must b. pre-
.umfl that congress icEtslates with
his principle in mind. and that when
T. bA the act Of June. 1888. made the
Terri Dry OF New Mexico. It's trustees
cr tlc h~estowal OF lis bounty. It's in
ION was New Mexico should be
@tspnlslhle to the United states. as
rustic. not by means of its made
iuste processes OF legislation. but
hrou ,h judicial proceedings n was
30 moro necessary 90 express this Boz .
De- O. as it Gems o. me-. than DO
vas fl state that M anyone D.
land granted hy the uef should
o. pay Tor Do as agreed. the TERRI
might bring suit 90 reeHter the ,
Doe Z nltri states, 80 far ls 7 am {
.n.r. which IN terms nnr|Ha. fM.. [