Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-06-15
TINE ALLOWANCE
Of PRISONERS
Attorney General Gives Opt
MON of Law In This
Matter
NEW CLERK At POsTOFFICE
Postmaster Burke Also Procures
Bicycles for Letter
Collectors.

Superintendent of Public Instruc'
ton Clark will leave today for Boston
where he will attend the National Ed
ucation Associations Congress which
opens in the Hub July 4. Prominent
educators from all over the country
will be in attendance.
1t was a dull day at the capitol, the
acting governor Mr.. Jaffa being away
and quiet settled on the first floor
generally Mr. Jaffa went to Lamy
with Mrs. Jaffa who will visit friends
in Denver.
Water Applications.
Applications for permits to appro-
pirate the waters of the Territory are
still pouring in. During the past
two days the engineers office has re-
ceived the following: G. A. Richard
son, Roswell, Chaves county, for 10
second feet from Deep Lake; The
Columbus Improvement Company at
Columbus, Luna county, waters OF
blackberry Gulch; R. l.. Suryant, Trim
chera, Colo, waters of Trinchera, Lu
cero and Mike creeks; w. P. Saun
ders Magdalena, from La Jencia
creek; Baldwin and Gibbany, Roswell
from Pecos river; W. n. Fyffe, ct ais
Roswell from Salt Lake; ThOs. l.
Lotus, Durango, Colo, 1876 second feet
from Las Animas, irrigating 1890
acres; J. H. Beckham, Artesia, from
Boys, 120 acres; E. G. McDermith
Glenwood, waters of Whitewater; H
]. Overton Lake Arthur, Cottonwood
draw; S. K. Norment, Santa Fe, wa
ters of Rio Grande for power purposes
While a number of these applica
tions are small the bonds filed witt
the Territorial Engineer guaranteeing
the construction of the work if per
mits are granted, amount to abou
$50 600, most of which being covered
by the applications of G. A. Richard
son, Columbus Improvement Company
S. K. Norment, Hardwich & Highsmitl
etc.
Legal Opinion.
The Attorney General has given tn
following opinion:
a Hon Cleofes Romero,
Superintendent of New Mexico
Penitentiary
Santa Fe, n. M
Dear Sir: | understand from Wha
Mr.. Baer told me yesterday that yo
desire for the information of the pen
itentiary board an expression of opln
ion from me as to whether Chapter 3
of the Laws of 1909 is so inconsisten
with the provisions CT Section 1886 @
the Compiled Laws of 1897, which pre-
vides for a deduction from the time
. sentence of any convict for good b.
havior, as to operate as repeal OF IN
earlier law, thus preventing any goo
time allowance upon sentences impose
under the said act of 1909. | am
opinion that the act of 1909 has no e
feet upon the statute OF providing fc
good time allowance and will brleH
state my reasons.
Repeats by implication are neve
favored by the courts and before
can be held that any statute has bee
SO repealed, there must be apparel
such irreconcilable conflict as to max
it impossible for both statutes TO r
main in force at the same tim
Every effort should be made so to CO..
strue the language of the statutes
to keep them both in force.
In the present case no such lrreco
cilable conflict exists. The dou
which appears to have arisen must
based only upon the clause in Sectlt
1 Of said Chapter 80 which provide
that the term of Imprisonment "shs
not exceed the maximum nor be le
than the minimum term fixed by II
court" The literal meaning OF tn
language would be that the impriso
ment could not be less than the mil
mum term fixed by the court, that
to say, if the court should fix di
less than one full year, the impriso
ment must not be day less than o.
full year. 1t must be remembers
however, that the legislature act
with all the previous laws in view a.
has used no language to indicate a.
intention that the good time allowan
of one month for the first year shou
not be applied to the minimum tel
of one year which might be fixed
the court in any sentence. There
no reason to doubt that the law leav
the terms of Imprisonment impos
by the court in fixing the maximl
and minimum duration thereof so
to be subject to the existing prov
ions of law as to the allowance
good time previously in force. II
harmonizes with the whole spirit
the legislation which is not in the
rection of increased severity
shows a humane and benevolent
pose the object of which is the refo