Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-23
DECISIONS OF
LOWER COURTS
ARE UPHELD
Supreme Court Holds That
Saloon Cannot Operate Law
fully Within Five Miles of
Government Sanitarium,


Especial Dispatch to the Morning Journal
santa Fe. ". M, Aug. 22.The ter
%ritorial supreme court held a brief
session today, %adjourning at z O'Clock
as d mark OF respect 60 the memory
of the late Eugene a. Fiske, a veteran
attorney OF Santa Fe. who dice sat
urday afternoon. The supreme court
attended the funeral in a body.
Four opinions were landed down
today, all OF which affirmed decisions
Of the lower courts. Probably the
most important opinion was that in
which the supreme court upheld the
Iconstitutionality Of the law which pro-
hibits "A saloon from operating or do
ing business within five miles of a
government sanitarilm. h opinion
was written on a case appealed from
Grant county in which John H.. Rapp
had brought suit against f.. b. Ven
able. probate clerk Of the county, in
an effort to compel him to issue a
license for a saloon at Central Ven
able refused and his refusal was ~
held by the district court. Rapp ap-
pealed 10 The supreme court attacking
the constitutionality OF the law on
iAlt ~ Jun AAldl Ali " 49, 49,
was to prohibit saloons from operat-
ing within five miles Of the govern
ment sanitarium at Fort Stanton, \.
NJ. BY the decision today, however,
the supreme court holds that the law
applies to the Fort Bayard sanitarium
Ms well as to any other government
%sanitariums In the territory.
The decision Of the lower court
was affirmed in the case of Juan Ba-
rela. convicted and sentenced for
murder from Dona Ana county. Ba-
rela coutended that the decision of the
lower court was defective because
il was rendered twelve days after the
session OF the court had expired by
limitation. The supreme court over
ruled the contention, saying that the
district court is in session from one
term until another unless adjourned
without o day.
In the case OF the Castillo Land and
Improvement company, appellant. rs.
Robert Allen, ct al, appellee, the sn-
preme court sustained the decision OF
the lower court. Allen II several
other persons were convicted and SEN
fenced for contempt of court and fined
s25 each and costs for violating a
temporary injunction, The supreme
court upheld the lowqr our on the
ground that hoi appeal a be made
in q case in which conviction is OBJ
tanned for criminal contempt.
The supreme court rendered an i'm
portant decision today unfolding the
power Of municipalities to order the
paving of sidewalks and streets. The
decision was rendered in the case of
Robert Gngersoll, vs.. the city of Ros-
well Ineersoll was ordered 10 laN a
sidewalk By the city council Of Ros-
well and lngersoll refused an the
ground that the Roberts law, passed
by the last legislature. and which pro-
Vidcs for improvements in certain dis
tricts. repealed the former law which
gave the city council the authority
to order improvements in any part Of
the city. The supreme court IN the
opinion handed down today contends
that such is not the case and that the
Roberts law merely may be used in
conjunction with the former statute
governing Improvements, and does not
repeal prior legislation.