Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-11-20
LOCAL ATTORNEY
Sees VITAL ERROR
IN THE ACT
Adoption of aAII Amendments
Of u. S, Constitution Conflicts
With Other Sections Of Bill Of
Rights,


Albuquerque. NOV. -. 1910.
Editor % Morning Journal Albu-
qucrquc, y. n.
Dear sir.-In the New Mcxican Of
recent date. l noticed that the rcvi-
sion committee has reported. or the
convention adopted. the following
f%ections OF the bill Of rights, torwlt.
Btu of Rights.
ARTICLE -
Section 1. The state Of New Mex
leo Is an inscparable part of the
federal Union. and the constitution
Of the United states is the supreme
iaw 81 the land, md together, with
uli amendments thereto, which have
necn, or may be. adopted, according
Is the provisions thereof. Is hereby
declared 10 be forever binding upon
the state and The people OF New Mex
leo.
See. ie. The right OF trial by jury
as Il has heretofore existed shall be
secured to an and remain inyiolate. |
IN all cases triable IN court inferior
10 the district court, the jury may
ccnslst OF six. The legislature may
provide that yerdicts IN civil cases
nay be rendered by less than q
unanimous vote 81 the jury.
l beg to call attention 20 the fact
that tho adoption OF tall Of the
amendments Of the constitution u
the United states. as above reeited,
win certainly conflict with other sec
lions 81 the bill Of rights, rs well as
deprive rs Of other privileges that
the amendments" were never de-
signed TO interfere with. II il o well
known principle Of constitutional law
that the first ten amendments 20 the
constitution Of the United States do
not apply or restrict, with one keep
ion. the states. Then why incor-
porate them as a part Of our organic !
system II ia sufficient to adopt the
constitution Df the United States !
without saying more. then the
amendments" which apply 20 states .
Will be adopted and those that are I
applicable, viii not become q I
part OF our system and any conflict |
Of rights Will then be avoided.
have no hesitancy in saying that any
adoption OF all Of the amend
ments viii lead to unforeseen and ir-
reuarable confusion.
Section ~. supra. also appears to
~ bind US absolutely 70 the trial
all cases involving Imprisonment,
Except under city ordinances, petty y
arcenies and such crimes, by a jury '
q twelve, etc. If the right Of trial
Is II has heretofore existed lawfully
shall be secured So all. etc."
4, In section ~ rccited. then such
as | have herein pointed out
VII require a court OF record and O
COMMON law trial by q unanimous
ury Of twelve. In other words, jug
ices Of the peace annot have amy
uch Jurisdiction. IL has been de- =
idcd long ago that Justices Of The Y
,enre have no such Jurisdiction and q
While in the territory, here. they have -
.ssumed IL, and Il wonld be decidedly n
advantageous C. the community that y,
hey hHvc such jurisdiction. yet the a.,
above VIII prevent II ana ~
viii surely oust the justices -
Il the peace OF that jurisdiction, as I
hey can now. Tho writer has known "A,
or many years that the present prac- ~,
ice could be entirely upset, so far ms nl
he jurisdiction Of the Justices of the 4,
are concerned, but has deemed "
{ better for the community that they Ia.
u exercise such right. as Il "
would be too cumbersome to have n
urN trials, the common law fys- OF
en- IA toto for such petty %otfcnses. "
do not believe the second sentence "a
4 that section mitigatcs against Il
has boon snid with reference TO al
first part Of the section. " those q
sections are not In conflict. ana d'
he l0w viii read them as both good
y can. y only Interpretation thut ~
m hc given 60 the second sentence, Ia
o that Il win not conflict with tho II
sentence. is 10 interpret Il as ~
tcaning IN all eases triablc claw st
lliA or heretofore luWfuliy) in courts "
iferior 90 the district court the jury tn
consist of six. That will icavc 81.
he status of tho Jurisdiction aa N Wy
is and h ~ beyond pcradvcnturc "
hat Justices of the peace have no ~
irisdiciion IA petty larccuics aud tl
uses involving imprisonment. etc, "l
lbelt they have assumed such iuris- "
iction.
This matter is $50 important that '
taken the liberty uf calling pub ~.
q attention GO tho sections above re- y
erred TO SO that IL may receive fur "a
nor attention al the hands uf the Al
clcgates to the convention. n,
| am, slr. "a
JULIUS STAAB. a