The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1911-01-21
JUDGE A. B. FALL THROWS FLASn-iTItHT
ONTOOppOAT|ON AGAINST CONSTITUTION
Flags Editor Tularosa Tribune and Demands Apology
For False Statements. An Exposition Of Irregulari-
ties of Delegates Opposed to Statehood.

election Would cost TIE same hnd Yet
YOU object TO this having been left out
uf the Constitution, although II will save
the tax payers tweuty.six thousand dol
lars, approximately for cxcry election.
did not state in Tularosa. or else.
where, that was in favor OF the Aus
iinlinn Ballot. | did not and do not
believe that the Australian Ballot could
be- successfully used IN the Territory ~
New Mexico.
There were many people in the Terri.
tory of New Mexico before you came to
the Territory. some of them are OF
different rae" aud among these are many
who are ~ good citizens as | know you
TO bc. Their rights have been guaran.
te'd them by the two Treaties with
Mexico; by acts OF Cougicss, by the Biil
of Rights aud the kcarncy Code aud
directly 10y the President Of the United
states when this territory became part
of the union.
The Democrats IN Arizona. undertook
10 deprive the same class ., citizens in
that Territory OF the right to vote aud
other rights OF citizenship. This act
WAS repealed by the congress Of the
United states.
Arizona has again attempted 90 do
the same thing in the constitution by
indircctiou.
You doubtless object TO the recent
Convention not having attempted to do
IA" same thing.
With due Difference to your judg.
mcn,, could not follow you there.
There Is provision IN the Constitu.
tion of New Mexico that elections
should br non.pariisan; that oE both
the registration aud elective boards
there should be minority representation.
II is further provided
"The legislature shall enact such laws
~ will secure secrecy of the ballot; pur.
ity OF elections and guard against abuse
nf the elective franchise.
Allow me to suggest that YOU aud [
may agree upon great many thing.
which should bc done, aud others which
should Ice lett uudoue IN New Mexico.
We diner very materially upon the
methods 10 bc pursued Ia doing certain
things. proceed from this standpoint,
hat It l. that the Constitution should
guarantee certain rights aud should con.
,tituc Fundamental rule o. legal yard.
,tick, by which the Courts should mca.
sure the ordinary every day law when
Ihc same l. enacted 10y the Legislature
~ b., the people directly.
Bach state in this Union has Con.
,tiIu,iou; the collection Of States has a
Constitution. Under the Federal Con.
Stilution powers not given to III, United
states directly, or hy necessary implica.
lion, are reserved 20 the states.
In the states the opposite rule applies.
The legislature has absolute power
over all matters Of whatsoever kind or
character, unlcs, such powers ARE limit.
/ rd IN the Constitution. Every attempt
10 lcgislatc IN the State Constitution il
hence a Limitation upon the power of
! the legislatures or of the power Of the
people to initiate ordinary laws, even
where the initiative system obtains
The Constitution of the United States
is delegation OF power.
With due Difference Ia YOU, allow me
10 suggest that you as well as many
other good citizens, have not sufficient.
| ly considered the difference between the
fundamental laws aud provisions, aud
ordinary Legislative lRSs aud provisions.
Allow me again to call your atten.
lion ia the fact that the Convention Ia
New MeNico had very peculiar eondi.
tious To deal with.
Allow me further to remind YOU that
tll legislation which has been hereto.
fore known under our government,
whether in the nature Of ordiuary law
mr. constitutional provisions, is matter
of compromise,
Water rights, for instance, held under
the Tularosa Ditch system. whether by
the water right owners only or by the
town lc owners constitute an iirriga.
iien system unknown In any other Coun,
try of the Territory of New Mckee, and
unknown In any state in the Omitted
states. Again, the Community Ditch
system of the Rio Grande Valley from
the Colorado lines 10 the Texas linea, d
unique In the matter Of irrigation prac
tiee, aud is entirely different from tn.
system In vogue in the Pecos Valley ans
in San Juan aud other Counties Of III,
North.
Again, for great many years ",
Americans coming into New Mexico
have realized the benefits Of the Law
which we found here which makes
wife the partner Of her husband an'
entities her 10 one.half Of all prapsssl
acquired by them during marriage. Thi
eiv'l or aequest property law, We foun'
Spain, adopted In New Msxieo y.
. legislation we continued itin fosrs Tea
as and California; each sonsinne1 k1f
. modified form.