Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-12-13

had apportionment Of judicial dis
tricts. and leaves 1t open for y leg
i~sIattlre 10 provide additional Judges
and district attorneys.
? That too many offices are ere
ated. with large salaries and lohs
rms and too much latitude given TO
tha legislature rs to the creation Of
I That the limit Of the tax rate
in section 4 # article \ ls deeeptlNe
and that the enumeration Gt subjects
Of taxation is not exclusive, because
the legislature is given power g
invent or specify other subjects %
taxation" ;
That section 10 Of article $ OF
( the constitution does rot require that
banks having public money On de-
posit must pay interest thereon
&. THAT the corporation commits
sion created by article II is power
less and that the article was pre-
pared by railroad attorneys Il
agents.
G. That article 10. as 70 amend
mepfs Of the constitution makes u
difficult and almost impossible 70 Sc
cure any amendment. ~
Z. That article 10 provides Tor the
waste and spoilation Of the sehooi
lands. 40
That article is provides that
Tho militia shall consist Of all able
hodied male citizens between the
ages of Is and As.
The foregoing is a summary q az
os Mr.. Fergusson's objections 70 what
has been put In The constitution. n
4 recent public speech, he asserted
In substance, mat there was what ne
/ calls d Joker in every material ana
important clause IF the constitution.
There are % articles OF the eonstltu-
| tion and Pas sections, nearly az o.
,ghicb ARC material and important.
Mi. Felgusson's present spe~ciliea'ioh
faIts far short Of his first
mont. and we win now attempt 10
show how little there is OF import
anee in the things which ne dees
enecify. Absolute perfection IS not
fo be expected in any constitution
and not one has ever been made with
which fault could not be found py
earning and hostile minds. we VIII
consider each Of these things sep
arately.
/. AS to the judiciary, personally
T agree tina the number or JUICES
provided is in excess OF those apso,
lutely necessary to do the ludlc1ai
work Of the state at the present time.
/ IIlUht nlStllEt lltEt1 - f'If
ana believe that six such judges
! could do all Of the district court
work today. Mr.. Ferguson knows
however. that in the convention,
which represented every district ana
county with their varying local inter
aqts Il was an absolute impossibllity
n nrovlde for less han eight districts
and eight judges. and that strong rta-
scns we're given for creating TINS
number. There can be no doubt that
eight Judges viii, within Q very shorl
time after the organization q oui
state government, be tound insult
cient properly to transact All the Juut-
cial business Of the state, n H. as y
quite possible, the beginning OF state-
hood is deferred until 1912, the quar-
ctal force ma at that time be nc
more than adequate 10 the pfoPet
discharge Of judicial duties, ana y
vac therefore the part Of wisdom
specifically to give the legislature
newer 10 make additional judges &c
meet this possibility. Mr., ~FergussoI
does not say so. but leaves US 70 IN
far that It Is A fault to give the lesls'
1ature any power al all to add 70 III
number OF judges to meet lutur'
needs. He is always sure that "
legislature will do something Wrons
He declares that the apportlonliS =
of the judicial districts was mace 70
}atttfeai reasons SO That one distrie
has about $4,000 population VIM
Two others have each over aV,VV
nonulotfon. without some dlstlne
narticuIartzation OF the districts an'
tha eNtl intended, and the poiltlca
rnasrns il seems hardly necessary .
,naka answer to this charge. II MI
F-erpusson viii definitely indlcat
fust what he complains o. IN W
regard. it may not be dillleull y
demonstrate the substantial lalilies
Of the arrangement Of dlstrlcts' VIZ
We take into consideration an 81 -,
differeut factors, such as not ON
rannlotion but volume Of business
nrrxfmity of counties. u means .
communication and transportatloH'
ne finds fault with the provision 9
"a district courts, because II impose
~, Zach county clerk the duties Q
district court clerk, but he immeul
atelv adds that that was not lntehde'
- stand as il Is added that the leg
,slaIra may provide otherwise. II
sovs IL is absurd to give the count
clerk the duties of a district cleI
and seems to thing ii wrong Una VI
} LEGISLATURE should have the poNSi :
correct this ~absurdity, II II Turns ~
10 he SuCn. tie - sun -
/, legislature will do something Wtoni
Again, he finds fault eeaus ~
legislature may increase the NUM-,
81 district attorneys. The terrltoIis
4, legislature has always had that pow
and no serious fault has peeh loui
v,ith its exercise, although thcfe ~
, thirteen district attorneys az the piS'
/ an time. Mr.. Ferguson, IN ms r'
e marks on this subject, asks no
many district attorneys there VIII y
y ana al what salaries and iees' an
r whether they will be elected or a.
nointed.i This Is a sample OF hue
= ~ the inaccuracy to he FOUND IN VIM
t he saws. as section "a OF article o {
d mo constitution provides for the eie'
S tion ~ u district attorney Tor eae
e district and gives the leglsiatui
r newer to provide for the electloh
+. additional district attorneys liel
= IL no room for making them appol,,
+ i've Officers. In this connection, |
y also declares that all power IS TAKE
n from the people save that the lesi
iators are elective" This is not u
facf rs the constitution provides r
e The election OF all state officers CT
5. atsd by the constitution, for the ele
= tion of all judges, for the electioh
/, oU district attorneys, n Tor u
L. election of all county and pfesih
q officers. Personally, I do not beie
in the system OF having so many ele
II tive officers. but this is aside tro
k the present subject, as Mr.. tergu
n son does not make my such ople