Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-11-19
Hearing ION Served
to Establish That Morning
Journal is a Live Newspaper
Publishing Every Day in the
Year,
INTERESTING FEATURES
OF PRESENT AGITATION
Definite Results Likely TO Fol-
low Actions Instituted Be-
fore Judge Craig--A New
Law BobS Up,

Law DUO Up
New Mexico's more or less famoui
Sunday law was started on rs wa,
into the curt yesterday, but II didn'
get very far. The proceeding before
Justice Of the Peace Craig during th'
afternoon only went about far enough
to show conclusiyely that h Morn
ing Journal Is a I've newspaper, pun
fishing a paper every day IN the year
each and every one OF the three busi-
ness men placed on the stand unhesi-
tatingly testifying that they were sub
ecribers and that they got the paper
every morning, rain or shiue, sunday
or Monday, without fail.
The proceeding which went over
until $3.50 O'Clock this morning. 70 al.
low counsel for the prosecution to find
out something about the case, came M
on summonses Issued by Judge Craig
Saturday on complaints as follows.
Henry Westerfeld, cigar dealer,
against the Morning Journal. alleging
the Journal Publishing company 20
have committed the crime OF labOring
on sunday. November 10Th.
Lee M. Fee against the Albuquerque
Traction company, charging the cor
pOratiOn With the same crime.
VI - y hhAANA"h ~ 2NAFf 49,
Telephone company. charging that
corporation with the same o%ffense.
W. B. Childers was to have APP
reared for the compliments. but he
had 70 70 20 Santa Fe. and turned the
case over 10 w G.. Heacock. who.
when he came into court. said that. he
was not prepared to proceed 10 n
law points Involved.
Attorney NELL B Field appeared for
the Morning Journal.
Attorney A.. n. McNillon appeared
for the Traction company and the
Colorado Telephone company.
All evidence taken was In an at
tempt by Attorney Heacock to prove
that the Morning Journal was circu-
lated IN Albuquerque on sunday
Aside from the fact that an the witt
nosses got the paper. Mr. Heacock did
moi get very far. Each OF the three
complaining witnesses. Messrs. IVES
tcrfeld, Fee aud Shut. were placed
on the stand and testified to finding
the Morning Journal on their door
steps each morning In the year al the
moderate rate OF sixty cents per
month.
Mr.. Field. In cross-examinatlon.
sought TO bring ont the motive for the
present actions, seeking definitely TO
learn whether or not its intent was
To enforce the sunday law or whether
ID WAS 10 make the sunday law odious
ana impede It's enforcement In this
connection the following verbatim tes-
tilnony Of Mr. J., NJ Fee Is interest
Ing
MIR. tce's Testimony.
Q-Have you joined the movement
10 make the sunday law odiOus In this
community
A-Not To make Il odlous.
Q-To have " enforced against the
things that the people think they have
y right to have Ia order tina ID may
not be enforced against those things
which the people think they have not
q right 10 have2 ~ that it2
Al think. feel that the sunday
t1W is odiouE 10 me. to my business.
ana u ] see another party taking the
peoples money on that day. | am
anxious to have some OF e, TO have
my part OF II.
Q-Your purpose. however Is not
to cause the sunday law TO be en-
forced. but "a get the right To violate
the sunday law yourself?
A.-Weli. I feel that ! would like To
have a right To violate the sunday law
10 10 is "a violation.
Q-You have no idea that YOU and
your associates will be able to stop
the publication OF the Morning Jour
nal. do your IA
Al don't know. We are going To
try to.
Cit Is your purpose To- try and
teach the people Of Albuquerque that
N you can not sell them candy ON
sunday. or ave the right 20 sell them
candy on sunday. that you viii try
Hnd stop them from publishing = pa
per on sunday or from taking a ear
ride on sunday. Is that itG
Al think n the law looks upon
nv work as unnecessary labor. that
Z should have the same show as the
rest 90 prove that they are doing un-
necessary labor.
Oh you were allowed Co seil
candy, % are perfectly willing that
thct should have q morning paper and
have the right 90 ride ou The street
caf-H
Al have mo- conscientious scruples
1bout tending to my business ON sun
dap
Q-what SOU want is an oppor-
tunitA tn du business on sunday
Al want the opportunity Co do
business 10 The others have, on SUM-
BEYOND this testimony and the tes-
tmouY tending tp show that the
Morning Juurnal gets out "a newspaper
every day Dob The year. the procsedinE
did NOT a. fsr. ar Field asked the
court 10 dismiss the case on the
ground that ne case had been made
against the Morning Journal in amy
WaK and 900 fhe additional ground
that the court bad boo Jurisdiction tur
sunday law ACT specifically stating
that such actions snoulI be- brought
iu The district court
Attorney Heacock again announced
De- was not prepared to ar-Ie
the question Of jurisdiction. and asked
Tor further time After further de
Judge craig allowed Mr.. Hen-
cock until This morning az 3o O'Clock
10 prepare bis casa on The matter 81
jurisdiction.
Attorney A. H. McMHlen. Tor thei